Legal Question in Real Estate Law in California
I have a nutcase for a neighbor, help!
I have nutcase for a neighbor. Last summer she tried to sue me for killing plants on her property. The case ended up thrown out of court because there weren't any dead plants. I had a survey done and found out that the property line was about 1' to 2' from her fence line. I put up a temporary fence several inches inside my property line. She moved her fence so that it's now encroaching and damaged my fence. The new fence is way over height in front. You can't be 6' high all the way to the street just to harass your neighbor. I called the county and they're dealing with that issue. Her children come over here and threaten me. I've got police reports. I've sent her a certified letter to move the fence. She refuses. I had a lawyer send her a letter, she ignores it. I'm on a suit for an injunction. Tonight she served me with Small claims action for $5k. She says for $3,500 to replace a fence I destroyed 600 sq ft (huh?) and for mental anguish. Sheesh, it's the other way around! She filed on 4/2, just served me tonight. Court is on 5/12. Any ideas, short of murder? The more I ignore her, the worse she gets. This has been a 3 year long problem and my property value just keeps going down and becomes less saleable.
4 Answers from Attorneys
Re: I have a nutcase for a neighbor, help!
Beating her with a phone book comes to mind and seems to be the logical solution. However, I looked it up and you can't do that.
Is she so crazy you can't even talk to her? If she has an ounce of sanity, try apologizing. Pretend that it's just a sad situation that has gotten out of control, as if it's not entirely her fault. Express that you hope you can put the differences behind you and be amicable neighbors. Just be careful of exactly what you say because your statements will likely be admissable in court against you.
Re: I have a nutcase for a neighbor, help!
You are "on a suit" for an injunction? Since your case involves the same "matter" as the small claims case, you can request the small claims court to transfer that case by filing a declaration (under penalty of perjury) with a copy of your complaint attached and a fee of $1 in the small claims court. The judge there can transfer the small claims case so both are tried together.
Talk to the small claims adviser about how to write and file the declaration. This must be done on or before the date of your small claims hearing.
Re: I have a nutcase for a neighbor, help!
counter sue for more and get it out of small claims, and have her identified as a vexasious litigant.
Joel Selik
Re: I have a nutcase for a neighbor, help!
Just settled a matter like your own. It appears, based on info you provided that nothing short of suit will convince this person her actions are beyond reason. Do not resort to murder or even any lessor physical confrontation.
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