Possible defamation + property issue

[JoshFromSanDieg]

Location: San Diego, California.

I'm looking for a little help here, thanks in advance for anyone with ideas. I have an interesting situation with my next door neighbor who is about 80 years old. The house I live in is owned by my parents. I have 2 roommates and it's a 3br home. There is a 4-foot high wood fence that is on her property and runs along the property and is about 30-40 years old. The fence is clearly dry-rotted and has visible termite infestation. She loves plants and her yard is filled with every square foot of over-grown plants and trees and is completely unmaintained. The plants are growing over, under and through the fence. One section that runs parallel to our driveway fell over about 3 or 4 years ago due to the age of the fence and plants leaning on it. We have tried to talk with her regarding this situation many times and offered to pay half to fix it. Each time, she has refused and the last time I went to talk to her about 3 months ago, she said she knew it was a problem and would replace the fence on her own. Two weeks ago, my parents received a letter from her attorney claiming that the residents at my house willfully trespassed and "kicked" over the fence. She used to claim that she saw someone knock it over with their car door though. She also claimed in the letter from her attorney that the residents are loud, disrespectful and should be evicted immediately because we are interfering with her right to peace. I didn't even have any roommates in July-August and the 2 roommates I have now haven't even met her. This is a college area near SDSU, but my house has only had 1 police report in the past 5 years for a noise complaint. We do not have parties, do not play loud instruments, and do not make noise in general. She tried to make a police report on Sep. 12, 2007 claiming that I went over and "kicked" down the fence. It turns out, the police arrived on the scene and wouldn't take the report because it's obvious from looking at the fence that it's old and dry-rotted. So she has documented evidence of intentionally slandering myself to a third party and is trying to get my roommates and me evicted. She has also called the county code enforcement and told them there is a police report on me kicking down the fence. The code enforcement guy then called my parents and told them there was a police report, but there isn't. My sister went down to find it and only found that the officers basically laughed at my neighbor when they came out to take a report. Do I have any case to sue her for libel or slander and/or the county for making intentional false accusations?

 

[The Occultist]

What are your damages?

 

[seniorjudge]

What are your damages?

No damages, no case.

 

[quincy]

She's eighty years old, Josh. She could very well be suffering from senile dementia. And, as you said, no one believes what she says.

I do not see that your reputation has suffered from her false claims or that you have suffered any damages. You are still in the house (and since your parents own it, I assume you will be able to remain in the house). You really do not have a good basis for any defamation action.

Of course, there is always the option of suing someone for any reason, but there is nothing here, that I can see from your post, that seems worth the time or the effort or the expense.

I, personally, would go out and purchase a nice plant for her - take it over, be friendly, perhaps ask if she needs some help repairing the fence or cleaning up her gardens, or ask for a tour of her gardens. She may not have the energy anymore to work on her yard, or the money to fix the fence herself if she is living on just social security or something. Volunteer your services and the services of your roommates. A Saturday afternoon spent working with her on her yard may be all it takes to eliminate police calls. She may just want some friendly interaction with people.

Then again, she may be the most ornery lady on Earth, and she will continue to complain. People can be weird when they get older. But try to give her a break. And see if any of the suggestions I gave you work.

 

[JoshFromSanDieg]

No real damage, she is just trying to get us to pay for the fence. But what about the county making false accusations about the supposed "police report" which is non-existent? They can do that?

 

[JoshFromSanDieg]

And what about slandering my roommates and trying to get them evicted with no evidence?

 

[seniorjudge]

And what about slandering my roommates and trying to get them evicted with no evidence?

No damages, no case.

 

[JoshFromSanDieg]

No damages, no case.

ok, well what if my parents evicted all of us?

 

[quincy]

People can say all sorts of things that are untrue. Lies happen. But there is really no lawsuit worth pursuing with most lies. You must demonstrate actual damage. Your roommates, I take it, have not been evicted by your parents? There are no police reports filed against you or your roommates? There is no damage.

Honestly, Josh, sometimes irritating neighbors just have to be tolerated. If you can become friendly with the neighbors, it makes life easier for sure. Lawsuits only make matters worse.

I assume, if you are living near a college campus with roommates and renting a house from your parents, you are not settled for life. You will move eventually, sooner rather than later, probably, or the ornery neighbor will move on. Make peace with the situation if at all possible for the short time you are likely to remain where you are.

And again, TRY to make friendly gestures to this woman. A meal out. A plant. Whatever. You may be surprised by what you learn from this woman if you take time to talk to her. Talk is often all it takes to resolve problems.