Legal Question in Civil Litigation in California

using civil authorities to harass my family

This person is filing numerous false reports to various city and county governemt agencies. Under Cal. law, the name of the individual that files these reports is confidential, so I how can I stop this insideous form of harassment?

Examples:

- The building permit department is called five times when we installed carpet and tile in my mom's house. (No permit is required.)

- We're all asleep in the middle of the night and the police visit because someone called them for a safety check on my mom.

- Adult protective services has been out three times because of reports that I am selling drugs, making pornography, that my mom is wandering around naked covered in feces, and that I'm verbally and financial abusing my mom. (All totally false allegations)

- My car has been ticketed because the wheels were more 18 inches from the curb. (We live at the a end of a cul-de-sac, The neighbors park their cars nose-in to the curb sometimes)

- My dog is being released from the backyard, then the county animal control people are called.


Asked on 5/29/03, 4:44 pm

3 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: using civil authorities to harass my family

You will have to call or speak to a representative of either the city attorney or district attorney.

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Answered on 5/29/03, 6:11 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: using civil authorities to harass my family

I am afraid you will have to be more specific. What are these reports and to what agency? What law prevents the author from being identified?

With that additional information, you can get an answer.

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Answered on 5/29/03, 10:35 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: using civil authorities to harass my family

This is the situation as I see it. The police or any other governmental entity will not release you the identity of this person. If for nothing else, for the fear of retaliation by you and a lawsuit against the city by the "potential victim" whom you might hurt after finding out who it is. It is simply a liability and risk management issue.

If as you say the complaints against you are totally baseless, and all such investigations proved nothing, then you can do few things. First, you can go to your local police station and file a complaint for harassment and for filing false reports against you. It is a crime to file such false reports. This will start an investigation and the person might be charged with a crime or will get the point and stop any further false reports.

Second, you may file a civil suit and subpoena the records from said governmental entities. They will not be able to say no to a court ordered subpoena, unless they go to court and get it quashed or get a protective order, which is not likely to happen. Moreover, if they have to disclose this information pursuant to a court order or a subpoena then the theory of risk management (lawsuit by this slanderer) will be obviated.

Good luck, go kick his/her ass.

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Answered on 5/30/03, 12:41 am


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