Noisy Neighbor…

[kalichristy]

Jurisdiction

California

On Halloween of this year, I was in my kitchen, loading things into my car, which was parked inside my garage. I heard a commotion, ran to the garage to find one of my cats in the mouth of a large husky dog, with the husky was a large german shepherd. I beat the dog off my cat, got the cat separated, got ahold of the dogs, chained them up. Called the police, called animal control, called the owner. The police show up, the owner comes, claims the dogs aren't hers. She is rude and nasty to me and my husband.

Later that day, I posted to a websit, basically a simple post warning my neighbors of the dogs that were out and to be cautious.
I posted a picture of the dog on my property with blood in its mouth. I said nothing about the owner, her lack of responsibility, etc. The community chimed in and told me the dogs were out frequently. The owner (and one of her neighbors) gets online and claims Im making the whole thing up, they aren't her dogs, and Im a bad pet owner because I didn't get my cat medical attention (which I did immediately). The community took over and I said nothing more to that woman.

Flash forward to today, the neighbor creates a new post on the same website mentioned above. She says that I am persecuting her neighbor, and I have filed a lawsuit for damages and pain and suffering. She goes on and on about how terrible I am. It went to over a thousand of our neighbors. I have not filed any lawsuit in this matter. I planned on eating the $300 in vet bills because the owner was so nasty, it wasn't worth $300.

Can I sue the neighbor for libel? I am in CA, and in reading the definition and case law, I think I can. Thoughts?

 

[Highwayman]

First of all, what does this have to do with a noisy neighbor???

So I take it that the dogs are no longer an issue since animal control took them?

You can sue anyone for anything you'd like. I doubt you have much of a case. But if you want to play Perry Mason then go ahead and file suit - or be prepared to pay an attorney thousands to do so but expect to get nothing in return.

Why don't you stop paying attention to childish behavior on the Internet and just move on with your life?

 

[army judge]

Can I sue the neighbor for libel?

Yes, why not?
If you've got time to waste and couple hundred bucks, file away, boss.

I am in CA, and in reading the definition and case law, I think I can.

Sure, you're not a dummy, go ahead file anything and everything, become a lawsuit lottery winner, boss.

Thoughts?

I think you should STOP trying to SPAM our website.
No need to tell s where you posted to generate clicks, by those idiots that click on such links.
I think this is your only warning.
NEXT time I'll boot you out the DOOR, COMpletely.

 

[hrforme]

And this is one of the reasons our HOA chose not to participate/endorse that website.

I would suggest asking the website to remove the inaccurate posting. Otherwise, I would ignore it. As I suspect others who know your neighbor will do.

 

[kalichristy]

Animal control is in the process of removing the dogs, they have to go through a hearing. Should be within the next month or so.

The neighbor is the one who is now creating posts and passing information to our neighbors, not the dog owner. I mainly want her to stop, and just let the whole thing go.

Super sorry I linked that, not trying to generate clicks, I thought I used a space, and in my second mention, didn't write it at all. Should have just said a website. Sorry.

I do have time on my hands. For months I haven't said anything, but this neighbor doesn't seem to be able to let this incident go. She followed up her post on "a website" with an email to our community yesterday. I haven't paid attention to childish behavior for three months, I just want her to let it go and we can all move on. I don't want to file a case unless I can win, I was thinking small claims court. My other neighbors have just written her off as being a bit crazy and in other peoples business, which I could do, but I don't know everyone who receives her posts and email and genuinely worry about the things she is saying. This last post, which mentioned me by name and address just really bothers me. I try and be a kind neighbor and really live a life of sincerity.

 

[Highwayman]

Animal control is in the process of removing the dogs, they have to go through a hearing. Should be within the next month or so.

Wait a minute. These dogs were on your property and in your garage and your neighbor wandered over and said "these are not my dogs" so animal control just left them alone when they apparently didn't belong to anyone???

They should have been removed and kenneled if no one claimed ownership of them.

 

[kalichristy]

True story. The dogs came onto my property, I called the number on the tag (that was an old tag) the woman who answered and spoke to myself and the police said they weren't her dogs, but as a courtesy she would come get them. She claims she is "fostering them" for a friend who lives out of state and has had them for three years, and is planning on returning them in two more years. She said they weren't her dogs, if they did come on my property (I have video footage) then its because my cat provoked them, and if they did bite my cat (which she disputes) then its my fault because my house lays between her house and the lake her dogs like to swim in and eat ducks at. She claims the dogs (which aren't hers) get out like "Houdini" and like to go hunt and swim at the lake (about a mile from her house) she says they go to the lake, then come home. Animal control gave her the dogs and said "you own them and are responsible for them, we will be in touch…" And AC is going through the process of having them labeled "potentially dangerous animals," which is apparently a lengthy process. Thankful AC and the police didn't buy her "I don't own them" and her plethora of excuses, unfortunately, her neighbor does buy these things…

Wait a minute. These dogs were on your property and in your garage and your neighbor wandered over and said "these are not my dogs" so animal control just left them alone when they apparently didn't belong to anyone???

They should have been removed and kenneled if no one claimed ownership of them.