Legal Question in Civil Litigation in California
When does video taping become invasion of privacy?
My elderly parents (75+) after several years of living next door to the neighbors from hell, decided to take action against the landlord. Not knowing where to turn, they contacted a Save R Streets-type group run by the city. Instructed by the group to document and videotape all the disturbances/property damage/ongoing traffic (frequently gangmembers) for evidence in their case, they are now being sued by the tenants for invasion of privacy, deflamation of character, slander, etc. All the evidence (timelogs, videos) that they turned over to the City Prosecutor are now in the hands of the tenants and their lawyer. They've already been subpeoned, now what? Just sit and wait for a court date? Any suggestions would be appreciated as this issue is really putting my parents through the wringer.
3 Answers from Attorneys
Re: When does video taping
They need immediate help. They should first contact their homeowners insurance. It is very likely this type of case is covered under their policy and if so they are entitled to a free lawyer. If not, I do defend these types of case and they can call me for a free consultation if they like.
Re: When does video taping become invasion of privacy?
Much of this would depend on what your parents videotaped. If they had the camera pointed through their neighbors' windows then they probably did commit invasion of privacy; if they just taped traffic in an apartment building's common hallway then such a claim will be much weaker.
As to defamation and slander (which is a specific type of defamation), it seems to me that a report to police made in good faith really shouldn't be the sort of thing that can trigger a defamation lawsuit. This is for public policy reasons: if people can be sued for reporting what they believe to be criminal conduct to police, then they will be reluctant to make such reports. There may be a privilege (e.g. a blanket protection) for such reports, although I haven't checked the evidence code about this. Such protection should apply wherever the defendant reasonably believed a crime was being committed, even if they later turned out to be mistaken. Even if there is no such privilege, it still makes sense to argue that the case should be dismissed on this basis. A judge will probably be very sympathetic unless it appears that your parents were just harassing the neighbors.
The best thing for your parents to do is get a lawyer. If they can't afford one, your local ACLU chapter might be willing to help out, or could at least help them find a lawyer willing to work pro bono for them. They can try to fight on their own, but the stakes are probably quite high and the issues are somewhat complicated, so they really would be much better off with an attorney.
Re: invasion of privacy?
Mr. Koury was kind enough to give you a complete
answer to your question. I would be willing to work
something out with you and your parents so that they
would be able to defend themselves in court. As Mr. Koury
stated this case does have some complex issues and if
your parents are not properly represented they may end
up losing and owing these criminals money. Please feel
free to give me a call at 888-5Netlaw (888-563-8529)
the call is free and so is the consultation.
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