How to respond to a Cease & Desist? Or is no response the best response?

[UrsusCalifornia]

What is the name of your state (only U.S. law)?

California

A friend of my recently got into some legal trouble.

It all started with a lady not picking up after her dog while walking it on his street. The dog defecated on his lawn. My friend saw it happen and noticed that she didn't bag it. He was upset and went up to the lady to ask her to clean it up. For whatever reason he started yelling at her and I don't know how he came up with this, but he decided to take pictures of her while trying to follow her home. He wanted to report her to the city using pictures and finding out where she lived as evidence. The lady supposedly contacted a relative and immediately after was picked up at the end of the street.

Now, my friend received a rather intimidating cease & desist letter from a lawyer, although its dated 20 days after the incident. No police came to his house that night or any of the subsequent days after the incident. The letter accuses my friend of stalking, assault, and false imprisonment. Sounds like she just wants him to contact the lawyer and try to settle.

Does the lady have a case? He never laid a hand on her, and it all started with her dog defecating on his lawn. Or does that not even matter?

Any and all advice is greatly appreciated. And I'm not sure if it's allowed, but I can post pictures of the letter to give a clearer picture.

 

[Sloop John D]

If it's just a cease & desist, then it's probably just asking him to stop following her. He can resolve the matter by stopping his activities.

If the letter includes a request for compensation or if your friend has no interest in stopping, then he should consult an attorney.

 

[OHRoadwarrior]

Cease and desist. You should be fine.

 

[quincy]

A cease and desist letter on its own has no force of law behind it. Your friend can choose to ignore it, if he pleases, for this reason.

However, the smart thing for him to do is as already advised - tell your friend to stop following the lady around, stop yelling at her and stop taking her picture.

If he hears anything further from the lady's attorney or a demand for compensation is received, he can contact an attorney in his area for a personal review of all facts.

 

[swalsh411]

What quincy said. I know dog poo is annoying but being a picture snapping creep is worse. You weren't there and you have no idea what he said to her or how he acted. It's entirely possible she did feel intimidated and harrassed.