Legal Question in Personal Injury in California

Do we have a case against him?

A person sent us numerous offensive emails containing pornographic and sexually explicit language. He was upset after losing a case at small claims court.

We are a retired professional couple and feel humiliated and very upset.

His emails also made personal offensive comments about us and our daughter like claiming my husband has AIDs, I'm an ugly slut, our daughter is a fat wh---.

He used every pornographic description I can think.

We are older couple, 74 and 72 years old, and feel his behavior was abusive and hurting.

Anything we can do?

Eeva Jyrala

Aarne Jyrala MD


Asked on 12/27/13, 10:35 am

4 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

No, there's nothing that you can do now that the case has been litigated in small claims and you lost. Sorry.

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Answered on 12/27/13, 10:42 am

Obviously Mr. Stone didn't read your question carefully at all. The correct answer to your question is, "maybe, but probably not." First, you must have taken all reasonable steps to prevent him sending you the messages after the first one. Unless you blocked his email address and marked messages from him as spam, and took all other steps available to you with both your email service company and his, you don't have a case. Then, even if you did that and he illegally circumvented the blockade, you must have suffered actual damages from his conduct that can support an award of money damages.

The only other possibility is that his messages rose to the level of criminal conduct. You'll have to check with the police about that.

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Answered on 12/27/13, 10:53 am
Edward Hoffman Law Offices of Edward A. Hoffman

If this is still happening, you probably have a good case for a restraining order. Such an order would not compensate you for what has already happened, but it should prevent the other man from doing more of it.

You also have the option of suing for intentional infliction of emotional distress, and perhaps for some other causes of action. I don't know if such a case would make sense economically, but that will depend upon the facts.

You should discuss your situation with a lawyer right away.

Good luck.

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Answered on 12/27/13, 11:54 am
Armen Tashjian Law Offices of Armen M. Tashjian

Yes. You can most certainly sue for intentional infliction of emotional distress. If the email was sent to a third party you would also have a cause of action for defamation.

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Answered on 12/27/13, 12:54 pm


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