Malibu, CA asked in Gov & Administrative Law, Municipal Law, Copyright and Civil Litigation for California

Q: I am forwarding this note from my 96 year old Father :

I am looking for justice against T.S., who caused $87,500 worth of damages to the Hungarian Freedom Fighters Memorial located in MacArthur Park in Los Angeles. I designed and built the Memorial Monument and hold the copyright number VAu 1-488-782.

Mr. Szeles is the Hungarian Consul General and has no right to do work in the USA. Pursuant to the 2023 Vienna Convention on Diplomatic Relation, Article 31 provides 1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from civil and administrative jurisdiction, except in the case of: (a) A real action relating to private immovable property situated in the territory of the receiving State.

The Memorial Monument is a private immovable property in the USA. Mr. Szeles committed a crime; he has no immunity. Have more info , but unable to provide. THANK YOU

2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Municipal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you believe that damage has been done to your property, you have the right to seek compensation through the civil courts. If Mr. Szeles caused damages to the Hungarian Freedom Fighters Memorial and you hold the copyright, you may have grounds for a lawsuit.

Based on the provisions of the Vienna Convention on Diplomatic Relations, while diplomatic agents enjoy certain immunities, there are exceptions, especially concerning real actions related to private immovable property. It appears that the Memorial Monument might fall under this exception. Before proceeding, gather all evidence and documentation related to the damages and the copyright.

To navigate the complexities, particularly when dealing with diplomatic agents, it's imperative to consult an attorney experienced in international law or property damage claims. They can provide guidance on potential remedies and the best course of action. Act promptly, as there may be statutes of limitations related to property damage claims.

Patrick Cummins
Patrick Cummins
Answered
  • Intellectual Property Lawyer
  • Louisville, KY
  • Licensed in California

A: Thanks for sending your question. Please reach out to me if you are still looking for assistance. As a copyright owner, your grandfather may have a cause of action for this injustice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.