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Called the police, being sued for interference - CALIFORNIA

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ellispe

Junior Member
California -

I am going to try and make this long saga short. I have a house in the mountains in California. One Sunday I returned from breakfast to find a pickup truck in my driveway. This was the truck of a group of loggers that where there to remove large growth trees in an undeveloped lot across the street from me to make way for a new house. I found it strange as it was a weekend and their tree removal truck was unmarked, so I went to ask them what they where doing.

When I asked them if they had a permit, they became immediately belligerent and began top threaten me and told me that they did not have to show me SH-T. A few years ago the California contractor’s board had issued a warning about unscrupulous contractors removing trees in our area. Given their hostile reaction and the fact that it was a weekend when building inspectors are not around, I felt it was in the best interest of the community to call the police.

When the police arrived they where not very helpful at first but after some heated explanation from me they asked the contractors if they had any permits on them or any blue prints or building plans. They said no, and the officer told them not to do any work until he could get some varification.

I left and went back to my house. The officer called the fire dept for verification as the fire dept is responsible for tree plans in this area. Being that is was a Sunday no one was available he called the building dept. About 45 min later a gentleman from the building dept showed up. He said that despite that fact that they did not have any paperwork, he felt due to his familiarity of the developer that things are most likely in good standing. I thanked him and we went on our ways. I must note that I was never on their property nor did I ever tell them to stop work.

A week later I receive a bill in the mail for $ 3,000.00 for delay of job. A week after that I receive a letter that says if I do not pay this bill I will be sued and may be accountable for additional costs. Theses people then began to call regularly asking me for money, and as I am sure you figured out by now, I was served.

My question is, I am liable for this. In my mind this is nothing more that harassment. If theses folks where polite in the first place this never would have been an issue. Theses are just a bunch of hooligans that are out to make my life difficult to prove a point. What should I do ?. How can I defend my self? Can I counter sue for all the time I have will have to spend in defending this case, my lost wages and costs associated with traveling to court. There should be a law against frivolous lawsuits.

Many Many Thanks

PeterWhat is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?
 


BelizeBreeze

Senior Member
California -

I am going to try and make this long saga short. I have a house in the mountains in California. One Sunday I returned from breakfast to find a pickup truck in my driveway. This was the truck of a group of loggers that where there to remove large growth trees in an undeveloped lot across the street from me to make way for a new house. I found it strange as it was a weekend and their tree removal truck was unmarked, so I went to ask them what they where doing.

When I asked them if they had a permit, they became immediately belligerent and began top threaten me and told me that they did not have to show me SH-T. A few years ago the California contractor’s board had issued a warning about unscrupulous contractors removing trees in our area. Given their hostile reaction and the fact that it was a weekend when building inspectors are not around, I felt it was in the best interest of the community to call the police.

When the police arrived they where not very helpful at first but after some heated explanation from me they asked the contractors if they had any permits on them or any blue prints or building plans. They said no, and the officer told them not to do any work until he could get some varification.

I left and went back to my house. The officer called the fire dept for verification as the fire dept is responsible for tree plans in this area. Being that is was a Sunday no one was available he called the building dept. About 45 min later a gentleman from the building dept showed up. He said that despite that fact that they did not have any paperwork, he felt due to his familiarity of the developer that things are most likely in good standing. I thanked him and we went on our ways. I must note that I was never on their property nor did I ever tell them to stop work.

A week later I receive a bill in the mail for $ 3,000.00 for delay of job. A week after that I receive a letter that says if I do not pay this bill I will be sued and may be accountable for additional costs. Theses people then began to call regularly asking me for money, and as I am sure you figured out by now, I was served.

My question is, I am liable for this. In my mind this is nothing more that harassment. If theses folks where polite in the first place this never would have been an issue. Theses are just a bunch of hooligans that are out to make my life difficult to prove a point. What should I do ?. How can I defend my self? Can I counter sue for all the time I have will have to spend in defending this case, my lost wages and costs associated with traveling to court. There should be a law against frivolous lawsuits.

Many Many Thanks

PeterWhat is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?
what did your attorney tell you?
 

ellispe

Junior Member
If I had and attorney, I would not be on tis site. Seriously, I am a man of dimple means, and do not have the money to hire an attorney. Since this is a small claims, I do not think I can bring on in anyway.
 

BelizeBreeze

Senior Member
If I had and attorney, I would not be on tis site. Seriously, I am a man of dimple means, and do not have the money to hire an attorney. Since this is a small claims, I do not think I can bring on in anyway.
Then you need to get your evidence together that you mentioned in your post. Including statements from the poice who responded to the scene, the building deparment person and the notification you mentioned.

It's likely that you can also file a motion to dismiss for failure to state a claim for which recovery is allowed.
 

Ozark_Sophist

Senior Member
The tree guys were trespassing on your property and they have the gall to sue you?

You did what every good neighbor should do. If you see something suspicious, call the police and let the cops sort it out. I went through a similar situation with a neighbor's illegal black dirt strip mine. It took alot of effort because it was beyond the ability and legal knowledge of local law enforcement, but I was finally able to contact the appropriate agency for a stop order.

If you never trespassed, I don't see how you delayed the project. Law enforcement told them to stop work. Is it a small claims summons?
 

ellispe

Junior Member
Yes, It is a small claims summons. Can I counter sue for my time, costs and loss of work for when I have to go to court? It seems like they win anyway for all the aggravation they caused me. I assume that was their intention.
 

cepe10

Member
don't know about your county but generally the grading permit has to be posted in public view prior to any clearing. Too bad you do not have pics of them in your driveway... they have little chance of collecting any damages - you could consult with a lawyer about getting your costs back but I do not think there is much of a chance...
 

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