Legal Question in Real Estate Law in California

Neighbor with ''under the table'' employee

This neighbor uses this ''gardener'' to reach over and cut our trees for his view, places objects in major waterway that could block it up and damage our home, among other things. Real Estate Lawyer said a case would go to arbitration, costly, without satisfaction. This 15 year employee drives across the border from Mexico(US plates), is not a licensed contractor, probably isn't paying taxes on income. Does the neighbor need to carry work comp? Is reporting this person to the IRS a good idea? Thank you.


Asked on 7/06/08, 12:05 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Neighbor with ''under the table'' employee

You would be perfectly within your rights to rat your neighbor out to the IRS, Contractors State License Board and/or Labor Commissioner. But that won't get you what you want.

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Answered on 7/07/08, 6:08 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Neighbor with ''under the table'' employee

This is like poisoning the postman because he brings you junk mail and bills. You need to deal with the neighbor, not his instrumentality. Try negotiating, and if that doesn't work, sue for trespass and private nuisance (seeking an injunction would be part of the nuisance cause of action).

Further, cases don't go to arbitration without an agreement to arbitrate between the parties. Maybe there is such an agreement buried in your CC&Rs, or maybe the real estate lawyer was thinking of so-called "judicial arbitration," which is a statutory form of alternative dispute resolution, but which is neither "judicial" nor binding arbitration, because it isn't conducted in court, nor by a judge, nor is the result binding (in that a participant can ask for trial if unhappy with the outcome).

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Answered on 7/07/08, 3:08 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Neighbor with ''under the table'' employee

I can't imagine why you are asking the question they way you do. If your problem is as you describe, bring a lawsuit for an injunction. Have a lawyer send a letter to your neighbor first to see if the problem can be resolved short of neighbor suing neighbor.

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Answered on 7/06/08, 6:57 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Neighbor with ''under the table'' employee

Sue him for tresspass. Contact me directly.

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Answered on 7/08/08, 12:24 am


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