Legal Question in Real Estate Law in California
Trespassing
At my 30th birthday party, couple of the guests climbed over the fence and used our neighbor's pool which is currently for sale. They even broke one of the gate lock when they tried to go in the house. They didnt go in from the front gate but used a ladder and climbed over. They are friends of my closed friend and I tried to stop them but it didnt work. I dont want to ruin the party, so I just stay away from it and ask them to leave nicely afterward.
Next morning, I heard some people talking at my neighbor's house about the incident and my name was mentioned. They said they are going to send out 2 letters, one to the realtor and one to someone else.
Am I going to be in trouble for this? I know I could have forcely stop them but I just dont want to ruin the party. What should I do at this point?
1 Answer from Attorneys
Re: Trespassing
Come on, really? "Ruin a party" vs. preventing criminal activity - though clearly not in the same league, its like saying that you didn't want to ruin a party so you let everyone get drunk and drive home under the influence. The point in time where it becomes unacceptable to not do anything is the point where people start breaking the law.
You are not necessarily going to be liable for the actual trespass (though you could under certain legal theories), however, you may be liable for any and all damages for failing to supervise your guests, and failing to take some action to stop them from damaging someone else's property. If I were you I would preempt the situation by getting in touch with the realtor and offering to pay any and all damages, no matter how rediculous they might seem.
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