Legal Question in Real Estate Law in California
Disturbing the peace
I Live in a condo project and have trouble with neighbors "students" yelling,screaming,pounding on the floors at all hours. I've called the police several times contacted the association and no relief as of yet. The Police Lieutenat told me that I could sue them for disturbing my peace. Please see if there is any laws,codes or any thing that I can do or have done. Thank You
1 Answer from Attorneys
Re: Disturbing the peace
Penal code section 415 states that it is either a misdemeanor or infraction to disturb the peace. Since the police department is not being helpful contact the city council and the school the students attend. You also have the option of making a citizens arrest. You may be subject to a false arrest lawsuit if the person you arrest is not convicted. The police must assist you by either taking the person into custody or citing them if you ask for their assistance in making the citizens arrest.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510