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how a invations of privacy and trespassing...

Resolved • Response time 5 minutes

3 Jul 2013

how a invations of privacy and trespassing can be stablished?
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3 Jul 2013

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Lawyer's response
3 Jul 2013
LegalKnowledge
LegalKnowledge
Good morning. I certainly understand the situation and your concern. The best way to establish these two causes of action is to read the California code and apply it to the facts. The reason being, is that this is what the court would look at when the cause of action is filed, to determine if the basic elements have been met. If there is evidence, you certainly want to gather it ( i.e. pictures, video, witnesses testimony) as it will need to be present at some time during the case, if not at trial. 1708.8. (a) A person is liable for physical invasion of privacy when the defendant knowingly enters onto the land of another person without permission or otherwise committed a trespass in order to physically invade the privacy of the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity and the physical invasion occurs in a manner that is offensive to a reasonable person. (b) A person is liable for constructive invasion of privacy when the defendant attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used. (c) An assault or false imprisonment committed with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff is subject to subdivisions (d), (e), and (h). (d) A person who commits any act described in subdivision (a), (b), or (c) is liable for up to three times the amount of any general and special damages that are proximately caused by the violation of this section. This person may also be liable for punitive damages, subject to proof according to Section 3294. If the plaintiff proves that the invasion of privacy was committed for a commercial purpose, the defendant shall also be subject to disgorgement to the plaintiff of any proceeds or other consideration obtained as a result of the violation of this section. A person who comes within the description of this subdivision is also subject to a civil fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). (e) A person who directs, solicits, actually induces, or actually causes another person, regardless of whether there is an employer-employee relationship, to violate any provision of subdivision (a), (b), or (c) is liable for any general, special, and consequential damages resulting from each said violation. In addition, the person that directs, solicits, actually induces, or actually causes another person, regardless of whether there is an employer-employee relationship, to violate this section shall be liable for punitive damages to the extent that an employer would be subject to punitive damages pursuant to subdivision (b) of Section 3294. A person who comes within the description of this subdivision is also subject to a civil fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). (f) (1) The transmission, publication, broadcast, sale, offer for sale, or other use of any visual image, sound recording, or other physical impression that was taken or captured in violation of subdivision (a), (b), or (c) shall not constitute a violation of this section unless the person, in the first transaction following the taking or capture of the visual image, sound recording, or other physical impression, publicly transmitted, published, broadcast, sold or offered for sale, the visual image, sound recording, or other physical impression with actual knowledge that it was taken or captured in violation of subdivision (a), (b), or (c), and provide compensation, consideration, or remuneration, monetary or otherwise, for the rights to the unlawfully obtained visual image, sound recording, or other physical impression. (2) For the purposes of paragraph (1), "actual knowledge" means actual awareness, understanding, and recognition, obtained prior to the time at which the person purchased or acquired the visual image, sound recording, or other physical impression, that the visual image, sound recording, or other physical impression was taken or captured in violation of subdivision (a), (b), or (c). The plaintiff shall establish actual knowledge by clear and convincing evidence. (3) Any person that publicly transmits, publishes, broadcasts, sells or offers for sale, in any form, medium, format or work, a visual image, sound recording, or other physical impression that was previously publicly transmitted, published, broadcast, sold or offered for sale, by another person, is exempt from liability under this section. (4) If a person's first public transmission, publication, broadcast, or sale or offer for sale, of a visual image, sound recording, or other physical impression that was taken or captured in violation of subdivision (a), (b), or (c), does not constitute a violation of this section, that person's subsequent public transmission, publication, broadcast, sale or offer for sale, in any form, medium, format or work, of the visual image, sound recording, or other physical impression, does not constitute a violation of this section. (5) This section applies only to a visual image, sound recording, or other physical impression that is captured or taken in California in violation of subdivision (a), (b), or (c) after January 1, 2010, and shall not apply to any visual image, sound recording, or other physical impression taken or captured outside of California. (6) Nothing in this subdivision shall be construed to impair or limit a special motion to strike pursuant to Section 425.16, 425.17, or 425.18 of the Code of Civil Procedure. (7) This section shall not be construed to limit all other rights or remedies of the plaintiff in law or equity, including, but not limited to, the publication of private facts. (g) This section shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of governmental agencies or other entities, either public or private who, in the course and scope of their employment, and supported by an articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule or regulation, a suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health or safety. (h) In any action pursuant to this section, the court may grant equitable relief, including, but not limited to, an injunction and restraining order against further violations of subdivision (a), (b), or (c). (i) The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law. (j) It is not a defense to a violation of this section that no image, recording, or physical impression was captured or sold. (k) For the purposes of this section, "for a commercial purpose" means any act done with the expectation of a sale, financial gain, or other consideration. A visual image, sound recording, or other physical impression shall not be found to have been, or intended to have been captured for a commercial purpose unless it is intended to be, or was in fact, sold, published, or transmitted. (l) For the purposes of this section, "personal and familial activity" includes, but is not limited to, intimate details of the plaintiff's personal life, interactions with the plaintiff's family or significant others, or other aspects of the plaintiff's private affairs or concerns. "Personal and familial activity" does not include illegal or otherwise criminal activity as delineated in subdivision (g). However, "personal and familial activity" shall include the activities of victims of crime in circumstances under which subdivision (a), (b), or (c) would apply. (m) (1) A proceeding to recover the civil fines specified in subdivision (d) or (e) may be brought in any court of competent jurisdiction by a county counsel or city attorney. (2) Fines collected pursuant to this subdivision shall be allocated, as follows: (A) One-half shall be allocated to the prosecuting agency. (B) One-half shall be deposited in the Arts and Entertainment Fund, which is hereby created in the State Treasury. (3) Funds in the Arts and Entertainment Fund created pursuant to paragraph (2) may be expended by the California Arts Council, upon appropriation by the Legislature, to issue grants pursuant to the Dixon-Zenovich-Maddy California Arts Act of 1975 (Chapter 9 (commencing with Section 8750) of Division 1 of Title 2 of the Government Code). (4) The rights and remedies provided in this subdivision are cumulative and in addition to any other rights and remedies provided by law. (n) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. In California, the elements for a cause of action for trespass are: (1) plaintiff’s lawful possession or right to possession, as owner or otherwise, of described property; (2) defendant’s wrongful act of trespass on the property; and (3) damage to plaintiff proximately caused by the trespass. Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
3 Jul 2013
Lawyer's response
3 Jul 2013
LegalKnowledge
LegalKnowledge
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
3 Jul 2013
Customer reply
3 Jul 2013

I have a strong case of trespassing. and i am looking to hire the best team available in california, i am currently in San Francisco, and this is one more way to intent reaching out, to the outside and probe the invasion. i live in XXXX, XXXX and my name is XXXX XX XXXXXXXXX and DOB 07.13.1972. I have around 150,000.00 in my 401k account with American funds. that I've been trying to withdraw 30,000.00 from the 72000.00 available for hardship. since two months ago. and they have tab and blocked my systems for no other reason that do what they want. I ignore the cause of such kiddnap and the size of it involves family, friends and folks that are pushing myself to suicide. this is an urgent call, that not even 911 or the police, have help to resolve. Please if any one can come to my house, and help me establish, the trespass, this is will be the confirmation the intrusion had existed, and still continue existance. the funds available in the account you can probe with the information above plus any credit report you can print. it will show i have plenty of resources available to cover the expenses of te best lawyers. and that this trespassing is diminishing incredibly my number, and it could end with my assets if I dont act asap. Please confirm the received of it through here asap

3 Jul 2013
Customer reply
3 Jul 2013
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3 Jul 2013
Customer reply
3 Jul 2013

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3 Jul 2013
Lawyer's response
3 Jul 2013
LegalKnowledge
LegalKnowledge
I truly understand. The site does not allow us to represent you but it is best to contact the CA Bar Association, who has an attorney referral service set up, to help you put together the best representation. Here is a link with their information. http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx
LegalKnowledge
LegalKnowledge
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3 Jul 2013
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