Legal Question in Civil Litigation in California

harassment

I filed a claim in small claims court for $150.00 against my neighbor for reimbursment after they refused to pay for having two large tree limbs removed from my roof. These limbs fell from a tree that had been improperly trimed in the past, and in a certified arborist report he stated the tree was defective because of improper pruning. It had been topped several different times in the past. They countersued me for harssment and requested the court punish me by awarding them $5000.00.

I don't think small claims court is the proper place to sue for harssment. What is the proper procedure for a defense against there countersuit?


Asked on 3/10/05, 11:49 am

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

Re: harassment

What do they claim you did that harassed them? If they say they were harassed only by your lawsuit then you have an iron-clad defense, since litigation is privileged and cannot form the basis of a harassment suit.

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Answered on 3/10/05, 1:19 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: harassment

I agree with attorney Hoffman. Judges are pretty good at throwing out frivolous countersuits (which is what this appears to be). Go to court and don't worry about it.

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Answered on 3/10/05, 6:08 pm


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