Legal Question in Civil Litigation in California

neighbor dispute

I have been harassed by my neighbors since December 2008. They have two dogs more than the legal limit in my city. Their dogs are neglected and abused-- we hear them being hit and/or kicked. The dogs have dug under our fence into the back yard and bitten my dog three times, and myself once, drawing blood. We are harassed, cursed, threatened, etc when we walk into our back yard. The two tenants have stood on chairs and looked over the fence into our back yard and my daughter's bedroom window. They have destroyed our yard on the side of our house by digging a trench. They have also brought their dogs into our front yard and had them urinate and defecate in our yard, as well as jump up on and scratch my daughter's car. The police and animal control have been called but nothing has happened. The landlord refuses to accept responsibility, and the tenants are her daughter and her daughter's boyfriend. My question is, is there anything we can do to make this stop, or do we have a case if we decide to sue them?


Asked on 5/02/09, 9:48 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: neighbor dispute

You can sue the owner of the home and the tenants lin Small Claims Court for up to $7,500 for the dog bite, destruction of your property, disturbing the peace, trespass onto your property, etc. Later you can sue again for the period of time after the hearing of your first case. You can then place a judgment lien on her house so that it can not be sold without your being paid.

Take pictures of the dogs to be able to show animal control that there are two above the limit and ask why they are not enforcing the law? Dig a trench beneath the fence where the other dogs come in and put some wire, chain link fencing, anti dog oders, etc. there. Take pictures of any trespassing and send certlified letters to all three detailing the violations and asking them to admit and stop doing so and what are the going to do in the next few days and weeks.

If none of that works, you could hire an attorney to do a quick letter saying they will be sued for these reasons if they do not immediately remedy the situation. Almost any attorney could write such a letter for you; I would charge $150 per hour but it is best to have a local attorney write it.

Good luck.

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Answered on 5/03/09, 12:04 am


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