Legal Question in Personal Injury in California
Suing a Stalker
Can you sue a stalker who continues to follow even though he has a restraining order. This is a situation of a friend of a friend. The situation has been going on for about 8 years. He shows up at work, at the victim's home, at the school where she is taking classes. This never ends. She cannot leave her house alone, go to school without an escort, even at work her co-workers are affected by the presence of the stalker who has broken the distance rule. He has been returned to jail but he gets out to begin again. He has no support except by his mother who lives in an extremely affluent neighborhood.
2 Answers from Attorneys
Re: Suing a Stalker
If the stalker is living with his family. I'd send them a letter by both first class mail, and registered mail return receipt requested. I'd inform them that the coming lawsuit is going to name them as co-conspirators with the stalker. Then I'd sue them and the stalker. There's even a theory in Tort Law that is called the 'family purpose doctrine.' Since the stalker's conduct will probably not stop. You'll be able to re-sue them for each transgression by the stalker.
Re: Suing a Stalker
This is clearly the intentional infliction of emotional distress, a cause of action well established in the law, and in Californial. She might want to know, however, that this guy has the ability to respond in money for her damages, when she receives a judgment, before she undertakes a lawsuit.
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