Legal Question in Civil Litigation in California

My neighbor has sued me for harassment. I received a notice of demand to inspect and photograph inside my residence. Is this legal? I am an elected official and worry that he may use the photos or anything else against me to kill my career.


Asked on 1/29/12, 9:46 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

After your attorney meets and confers with your neighbor about the inspection demand, and assuming the attorney is not able to limit its scope, the attorney might want to file a motion with the court for a protective order. Inspection inside your house does not seem relevant to a harassment claim. It also would invade your privacy.

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Answered on 1/29/12, 9:50 am
Edward Hoffman Law Offices of Edward A. Hoffman

I generally agree with Mr. Cohen, except that I can imagine reasons why an inspection of your house would be relevant. They're unusual, but one or more of them could be present in your case. Even then, merely being relevant would not be enough to justify the request. If you challenge the request in court, your neighbor will have to show that his interest in the inspection outweighs your interest in your privacy, as well as any other interests you might have at stake.

Given the risks you describe, you should get a lawyer ASAP if you don't have one already. The governmental entity where you will probably pay the fees and costs if the neighbor's claim is based upon actions you took in the course and scope of your official duties.

Good luck.

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Answered on 1/29/12, 2:17 pm


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