Legal Question in Civil Litigation in California

Striking a minor and subsequent litigation

I had an altercation with a teenager male on my own property in a planned community.He threatened to kick my butt and I slapped him.Nothing else happened then (I'm a male in my 50's). He told his mom and she "read me the riot act,acknowledging that what he did to start the altercation was wrong.I said very little because she was very angry and I didn't want to argue with her(single parent)

The kid started to harass me with his car - revving the engine outside my home and burning rubber creating a lot of racket.I wrote a letter to his mom complaining about it -- didn't work.A month later I had an attorney write a letter - worked for a while.I an now considering filing against his mom for several CC&R violations including the kid's nuisance/harassment behavior.Each homeowner has the right to enforce the CC&R"s.

What kind of trouble can they cause me regarding the slapping event.It wasn't very hard and no report was made - it was about 6 months ago.I am not looking for monetary damages but will ask for my legal fees pursuant to the CC&R's.The letter from the attorney referenced above ordered him to stay off my property.


Asked on 2/04/00, 8:17 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Striking a minor and subsequent litigation

Striking the guy is a simple battery. It is a misdemeanor but you cannot be arrested for it unless the police actually see you do it. He could make a citizens arrest and try to convince the city attorney to prosecute but you may have a valid defense in the case. If you were under a reasonable fear at the time you popped him that he was going to hit you, then you are allowed to hit him first.

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Answered on 2/09/00, 2:08 am


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