Legal Question in Civil Litigation in California

A friend and I as well as my friend's dog spent the night at another friend's house, which she rents with 3 other people. In the morning, our friend had to leave early for work and myself and friend stayed and slept in. My friend was sleeping while I played with the dog on the porch, at which point one of the roommates came outside and stated that she wanted to take a picture of the dog because she thought he was cute and that she would like me in the picture too. Never having actually met this housemate before I was hesitant so she proceeded to take pictures of the dog. Afterwards, we both went inside where she continued to take pictures of both me and the dog, as well as my friend who had just woken up. Once she had taken several pictures she stated that these pictures were proof that we were there with the dog and that if we did not leave right then she would call the cops. Apparently, the was a no dog policy with the rental agreement. Throughout the time she was telling us this she continued to take pictures despite our objections and requests that we did not want our picture taken.

My question is: Is it legal for someone to take your picture inside a private residence without your consent? Does this not interfere with one's expectation of privacy or at least qualify as harassment at the very least?

Thank you


Asked on 7/30/10, 1:19 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I don't think so. She lived there and you didn't. Unless you were in a bedroom or bathroom with the door closed, you could not reasonably expect privacy from the residents.

Harassment usually must occur over more than just a brief period of time. It sounds like this entire incident lasted only a few minutes. That alone would probably defeat a harassment claim. And since you likely had no right to insist that the woman not take your picture in her own house, it would be very hard to argue that she harassed you by doing so.

I'm not trying to justify this woman's conduct. If she wanted you to leave, she should have just said so. Threatening to call the police would only have been justified if you refused to go. Even then, it probably wouldn't have been since you had another roommate's permission to be there. Her actions were boorish, but they seem legal to me.

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Answered on 8/04/10, 1:40 pm
Anthony Roach Law Office of Anthony A. Roach

Stay away from that woman. She is insane. Anybody in their right mind would have advised you as a guest that they were not allowed to have pets. She was trying to create a problem, to fuel her illness.

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Answered on 8/04/10, 4:09 pm


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