Legal Question in Real Estate Law in California

I am being blackmailed!

My husband and I are being sued for non disclosure in a real estate sale. The plaintiffs have no case other than things that they made up. I believe they are hoping we will settle. Recently the plaintiffs lawyer claimed that he has an eye witness that we dumped oil and gasoline on our property and that we should settle or they will turn us in to the EPA. This is a false statement since they could not have an eyewitness that can truthfully testify to that. However, they have caused me a lot of grief on other trumped up charges and I don't need them threatening me. I was told that it is illegal for him to use this tactic. Is this true or should I be worried. My lawyer seems to be giving me the impression that I should be worried about this threat and that if it comes down to it it is his word against ours as to the threat.


Asked on 10/08/02, 12:04 am

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: I am being blackmailed!

I can tell you that if the report of the gas/oil dumping is false, the person making such an accusation may go to jail--I know, because one of our clients decided to make a false report, refused to recant the story, and went to prison for it.

As for their case, they need to prove it, and if the things are false they should have a hard time doing so. Unfortunately, you have to defend yourself and pay for it. If the plaintiffs lose, however, you may have grounds for a malicious prosecution case against them.

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Answered on 10/08/02, 2:41 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: I am being blackmailed!

Hi Lisa,

I didn't say you need to be worried about this threat, but that I wanted you to be aware of it, and to get imput from you.

I know that you are upset at the lack of speed in the process, but remember, I have only been working this for a short time. I have taken the offensive with our request for Admissions and interrogatories, which should have been done earlier.

I can't change what happened, and do not expect you to cave in and settle. Go have a nice trip and wedding, and when you return, we will continue to prepare our offensive.

Ken

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Answered on 10/08/02, 11:25 am


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