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  1. #1
    Join Date
    Apr 2011
    Posts
    4

    Default Suing Over Harassment, Emotional Distress, and Elder Abuse

    My question involves small claims court in the state of: California

    Can you sue for Harassment,Emotional Distress ,and Elder Abuse in small claims court.
    Can you be compensated for these as part of another suit in small claims court involving the destruction of your property?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Suing Over Harassment, Emotional Distress, and Elder Abuse

    You can attempt to recover for emotional distress in a small claims court. We have no facts upon which to tell you whether or not you can recover for destruction of property, let alone for any associated claim of emotional injury.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Suing Over Harassment, Emotional Distress, and Elder Abuse

    Are you the injured party in question?

  4. #4
    Join Date
    Apr 2011
    Posts
    4

    Default Re: Suing Over Harassment, Emotional Distress, and Elder Abuse

    Below is my original post here on the subject. However the HOA is also trying to force me to remove my lattice on my block wall. The difference in my situation is my lattice was installed by the Previous Owner in 2000 just before I bought the manor so it was actually inspected prior to sale and IMO grandfathered in since no complaint was raised by the permit department during the sale. My lattice also has been there for ten years and is 5 years beyond the maximum statutue of limitations under Ca. law.
    So far the HOA is not backing off after being notified of the Statute of Limitations in both cases.(At least one other has been"requested" to remove their lattice) It is unknown how far they intend to escalate this but it appears that they are attempting to win through intimidation. IF THEY TAKE any action such as destruction of property or fines that is what I would believe would be actionable as harassment or elder abuse, or intentional infliction of emotional distress.
    They have no right to violate my rights regarding the SOL under Ca law.

    My question involves real estate located in the State of: California
    My Homeowners association HOA in Southern California is trying to force a friend to remove
    a wood lattice structure about 18 inches high on top of a block patio wall that was installed 14 years ago to prevent coyotes from getting to her small dog. The HOA bylaws prohibit alterations (March 96) to block walls without a permit. At that time she did not get a permit or didnt know how to get one. California has a HOA statute of limitations of 5 years.
    She was told to apply for a variance last year by the new inpector. She applied and was denied since they never give variances.
    Question 1. Can they physically remove the lattice without her permission? Is that theft of property,and breaking and entering a locked patio?
    Question 2. Does the HOA have any legal standing since the SOL expired 9 years ago.
    Question 3. Does the HOA need a court order to remove the lattice?
    Question 4. Should she go to smalls claims court for an injunction or wait for them to do something?
    Question 5. Since the SOL expired 9 years ago isnt the HOAs pursuing this harassment and elder abuse? Isnt she entitled to damages for emotional distress,etc.

    She just received a call from the HOA claiming there were bushes covering the lattice 14 years ago so they couldnt see it. Thats a lie.

    They say she has until April 15 to comply.

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Suing Over Harassment, Emotional Distress, and Elder Abuse

    I have never heard of a small claims court having subject matter jurisdiction for either negligent or intentional infliction of emotional distress. That is also not a free standing tort, there has to be an underlying tort to permit it. Also, you are subject to the impact rule in every state. Under the impact rule you can NOT collect for emotional injury for property damage or anything like that. Not a chance.

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