Murrieta, CA asked in Personal Injury and Civil Litigation for California

Q: My neighbor has a camera pointing DIRECTLY into my backyard. What can I do to make her take it down or re-position?

Her camera is from a second story window that clearly points over my fence into my backyard where my children play. I have already approached her personally and she will not take it down or reposition. Local police claim this "new technology" is a gray area and cannot take any action. I believe she is violating my children's rights to privacy and this is harrassment and I am concerned for their safety. Please advise!

Edit: Police will not pursue criminally. I am considering pursuing this on my own and was advised to get an injunction. Is an injunction the next logical step? I also strongly believe this is a case that is bigger than my own personal experience and this is really a PRIVACY issue for ALL residents/home owners in the wake of this new technology of home security cameras! I intend to seek out my local council members and state officials to start investigating and changing the codes or laws regarding this

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: need more info

if police will not pursue criminally then you have to consider civil such as small claims court.

you could also hire a lawyer but it will cost you money. Are you in a position to do that?

1 user found this answer helpful

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: You or the City Attorney can bring an action under Civil Code 1708.8. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1708.8.&lawCode=CIV

Civil Code 1708.8 provides, in part:

". . .

(b) A person is liable for constructive invasion of privacy when the person 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 private, personal, or familial activity, through the use of any 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 device was used.

. . .

(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 person 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).

. . .

(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.

. . .

(l) (1) For the purposes of this section, “private, personal, and familial activity” includes, but is not limited to:

(A) Intimate details of the plaintiff’s personal life under circumstances in which the plaintiff has a reasonable expectation of privacy.

(B) Interaction with the plaintiff’s family or significant others under circumstances in which the plaintiff has a reasonable expectation of privacy.

(C) If and only after the person has been convicted of violating Section 626.8 of the Penal Code, any activity that occurs when minors are present at any location set forth in subdivision (a) of Section 626.8 of the Penal Code.

(D) Any activity that occurs on a residential property under circumstances in which the plaintiff has a reasonable expectation of privacy.

(E) Other aspects of the plaintiff’s private affairs or concerns under circumstances in which the plaintiff has a reasonable expectation of privacy.

(2) “Private, personal, and familial activity” does not include illegal or otherwise criminal activity as delineated in subdivision (g). However, “private, 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."

1 user found this answer helpful

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