Legal Question in Real Estate Law in California

Re: tort against Sheriff's dept?

I think you would lose. There is a fair amount of case law saying that police (and sheriffs) have no duty toward specific members of the public to initiate activity on their behalf; they are generally liable only if their intervention in a situation leaves the crime victim worse off when their action or failure to act results in harm to the victim that would not otherwise have happened.

For example, police are not responsible for failure to intervene in a threatened suicide, nor are they liable if they ignore a distress call.

If, however, they come over to your house to protect you from an intruder, but then leave for the doughnut shop without telling you that you will be unprotected for the next half hour or so, they and their department may be liable for what happens because of their temporary absence.

Whether the sheriff is right or wrong, you chances of winning and getting damages are slim to none.

Go after the actual trespassers before the statute of limitations runs out, if it hasn't already.