Legal Question in Real Estate Law in California

Re: tort against Sheriff's dept?

See my answer to earlier version of this question. You would lose the suit; not because your definition of trespass is wrong, but because the sheriff's department is not required to respond to every call for help, even from someone exposed to imminent danger from a violent criminal.

Re: tort against Sheriff's dept?

You have no cause of action against the Sheriff's Department. Law enforcement personal have a great deal of discretion in enforcing the laws and in your situation could not be forced to make any arrests. I doubt what occurred meets the test of being a criminal trespass. You have a civil cause of action against the offending parties. so pursue that. Why waste time and money chasing after the Sheriff's Dept.?

Re: tort against Sheriff's dept?

To bring suit against the Sheriff's department, the Sheriff must have a duty. The existence of a duty arises either by a specific statue or by common law (what we call court cases). Court cases say that "a duty to all, is a duty to none."

It sound like you have a good case against the builder. Why go after the Sherriff when you have the builder and grading company on the hook?

Please be aware, you may be running on a statute of limitations or Latches. If this has been going on for two years, I would seek legal help immediately.

Please call my office if I can assist you in anyway. I have represented both homeowners and have defended contractors and builders.

Please note: this email should not be construed as formal legal advice. Addtionally, this does not create an existence of an attorney client relationship. Please contact an attorney immediately for a formal legal opinion on this matter.