Legal Question in Personal Injury in California
Do I have a case against my neighbor?
My husband & I are caregivers to his 86 year old father. Recently, our neighbor called my husband's brother, who lives out of state & told him that we were abusing our father, that the police have been called out to out home on several occations, & that I have a criminal record that is a mile long. None of this is true. However, it prompted his brother to come out & file a elder abuse lawsuit against us & try to move our father into a rest home. This neighbor also called Adult Protective Services on us, as did his brother. APS & District Attorney investigators came out on more than one occation & found no abuse. We went to court & won. No abuse was found, no records of police coming to the house was found, & no ''record a mile long'' was found. Her lies have caused extreme stress on myself & my family, not to mention over $1000.00 in defense attorney fees. It is obvious that she does not like us & has told neighbors & friends that ''she will get us out of here no matter what it takes.'' She has also shot at our cat & almost hit my husband in the process.Most recently,she told a nieghbor that she is going to kill me. Is there anything we can do to stop her lies & try to recover some of our lost funds?Any advice is greatly appreciated.
2 Answers from Attorneys
Re: Do I have a case against my neighbor?
Of course you have a case. She shot at your cat with a firearm? Did you call the police to document it? Is she an homeowner? Call me directly at (619) 222-3504.
Re: Do I have a case against my neighbor?
It sounds like you have a strong defamation claim against this woman. Your case would have to be based on her statements to your brother-in-law and to your neighbors, since her reports to Adult Protective Services are legally privileged.
If you can prove the facts that you have described, you should get a judgment for not only your lost attorney fees but also for emotional distress. You may be able to recover punitive damages as well. Additionally, you may be able to seek a restraining order against her.
She sounds like the type of women who will step up her harassment in response to legal action, and I will leave it to you to decide whether you think she can afford to pay any judgment you might win in court.
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