Legal Question in Personal Injury in California
My boyfriend's ex girlfriend's myspace page has caused consequential damages to my life. I came across it just after my boyfriend and I moved in together. His ex girlfriend send a public message to my boyfriend's mother's myspace page, which I opened. The reason why her myspace page caused damage to my life is because she uses music used for hipnotherapy with binary beats that confuse the mind, and then she layers her personal frustration into this music which is designed for self healing because it encourages the mind to slip into the theta wave as in REM. I am easily swayed and after I listened to this edited together music with her frustrated voice, I could not forget it. It was like it got embedded into my subconscious. First I twisted my ankle and needed hospital attention. Then I broke my tooth whilst sleeping. Then I fell backwards and broke my elbow which needed surgery and pins. I've had hundreds of arguments with my boyfriend and it's all because she embedded herself into my brain with a hipnotherapy trick. This girl works in TV editing and her mother is a lawyer. I have met with lots of people who have listened to her myspace page and because their minds are confused they suffer from it too. It really frustrates the common user who does not know about binary beats and hipnotherary suggestions. All the suggestions in her music are bad ones. We hear a clock, a woman choking and coughing, a wicked laugh, threatening voices. I think it ruins people's minds, and not just mine but other people too. The music she mixes belongs to theta mind healers, but after she puts frustration noises into the music she then renames the tracks with an x. Can anything be done to stop her hurting the innocent users of myspace.com ? Also, I have seen this girl and her sister drive past me in traffic numerous times. I have felt like she is threatening me and my relationship with my boyfriend. So much consequential damage caused by her website, she laughs about it like it is a secret weapon.
2 Answers from Attorneys
I assume you placed this question on the site in order to get an honest response as to what your legal rights are. I have some background in various sciences, along with the law. No attorney or judge is going to believe that her myspace posting would have the effects you claim; if she could do what you say, would not the military use the same tactics against enemies of the USA, the Mob threaten people to use the same approach unless people made protection payments to them, etc. I know that you will not accept the accuracy of my comments as to your beliefs, but the real issue is whether I am correct that based my 35+ years of experience as an attorney no court would feel you have any cause of action. To be able to present any evidence of a "scientific" nature, you must be able to establish that it is something generally accepted by the scientific community; I am sure you agree that your beliefs are not accepted to by scientific community, so that you could not introduce it into evidence. Legally, I do not think you could do anything.
I agree with George Shers that this case would be difficult. However, I would be interested in taking on this case, but with the expenses of expert witnesses to hire to prove your case, I would require a deposit of $100,000 up front.
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