Legal Question in Real Estate Law in California
LandLord Tenant
I filed a discrimination complaint against the apartment manager. After this she looked up my juvenile record and gave that information to other tenants where I live. She also have given him information out of my office file here and has called me a a liar on a number of occasions. what can I do? what are all the grounds I have to sue under? ( This is the meat of it... lots of discrimination that went on and I have witnesses statements under penalty of perjury)
2 Answers from Attorneys
Re: LandLord Tenant
How did she get access to the juvenile record? They should be sealed. Your suit should include privacy-invasion torts such as malicious publication of private facts and perhaps plain old slander.
Your main problem here is probably not having enough issues or enough facts; it will no doubt boil down to a question of whether you have enough provable damages to justify a suit airing all the issues. A full-court press lawsuit could run well into the tens of thousands of dollars in legal fees for your side alone, and if you can't prove at least that much in compensable harm, you'll win but end up with the fuzzy end of the lollipop. Remember, that in most suits, each side pays their own legal bills, regardless of outcome. The main exceptions are contract cases with attorney-fee clauses and certain actions where statutes call for legal fees for a prevailing party. Ordinary privacy tort cases don't fall into these categories.
There is a remote chance you could get punitive damages, but this prospect does not in my view significantly change the economic prospects for a suit.
Re: LandLord Tenant
Definitely an invasion of your privacy. Hopefully, you also sued the building's owner because it might have negligently hired her, and also because it might be liable vicariously for her outrageous conduct. Good luck!