Am I being harassed from Plaintiff who lost SC appeal? (Six months later, former Plaintiff keeps contacting me on same issue.)

Asked over 1 year ago - Chula Vista, CA

Last year (and w/Avvo’s help), I won a small claims appeal. Six months later, former Plaintiff has begun stating a leak is coming from my unit. Over weekend, I had two plumbers visit at a cost of $60 per plumber (or $120) to tell me they did not see where my unit could be causing problems to downstairs unit (her unit) and an inspection from downstairs unit did not show a problem. Am I being harassed and if so, what can I do? In last year’s appeal, I spent about $2,000 defending myself and I cannot continue to put money into this. And, can I ask her to pay for recent plumbers’ bills due to no problem showing? (I had told her in reply to her letter telling me there was a leak problem that I would have plumbers out if no problem found, I would send her the bill; if problem found.

Attorney answers (2)

  1. Adrienne Patricia Allen

    Contributor Level 15


    Lawyer agrees

    Answered . You can try to send the letter to her requesting the plumbers' fees. Also you can have hr get her own plumber to inspect to prove there is a leak. What I'm confused about is why she is not making the claim against the landlord (unless you each actually own your units.) It could be harassment if thee really is no leak. Just put it back in her ballpark to prove it to you. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  2. Michelle A. Perfili

    Contributor Level 13

    Answered . I agree with Counsel Allen that it would be helpful to know if you own a condominium (and there would be a Homeowner's Association) or if you are both renters (and there would be a Landlord) to determine who is in the mix. It is also not set forth what she said in her letter other than there was a leak. If your plumbers found that there was no leak and your downstairs neighbor made specific representations that were false (and you relied by hiring plumbers) then I would request the money back and (not that you want to hear this) you may wish to pursue hr in small claims for the fraud she perpetrated on you.

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