Legal Question in Personal Injury in California

Nuisance

If someone gets a judgment against me for a private nuisance for parties, then publishes that judgment on a neighborhood newsletter insighting others to sue me, do I have a cause of action against her?

Also, do I have a legal defense against neighbors suing me now?


Asked on 10/04/05, 7:00 pm

2 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: Nuisancehttp://www.lawguru.com/cgi/bbs/mesg.cgi?i=325341356

Probably not. A judgment is a matter of public record and posting a public record is not a nuisance, nor is it illegal.

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Answered on 10/07/05, 7:43 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Nuisance

That depends on what her newsletter article said. If all she did was report the fact of the judgment and describe what the allegations against you were, then she has done nothing wrong and you have no basis for a lawsuit. If she made false factual statements about you, and you might be able to win a defamation claim; whether you have such a claim and how valuable it might be will depend upon facts you have not provided.

The fact that you lost this case has nothing to do with whether your neighbors can bring similar lawsuits against you, whether they can win, or how much they can collect in damages. The fact that you have compensated one person for the harm you caused does not at all do for responsibility for any harm you may have caused others.

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Answered on 10/06/05, 5:02 pm


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