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330 N D St, Ste 542, San Bernardino, CA 92401
330 N D St, Ste 542, San Bernardino, CA 92401

“The tort of civil stalking is codified in Civ.C. sec. 1708.7. It consists of a pattern of conduct intended to follow, alarm, surveil or harass someone, as a result of which that person reasonably fears for his or her own safety or the safety of an immediate family member. . . [“Stalking”] refers broadly to conduct that is designed to ‘follow’ a particular person in a . . . general sense, as in to pursue, monitor, watch or keep that person under surveillance for no legitimate purpose, and with the consequent effect of seriously harassing, alarming, annoying, tormenting, or terrorizing the person being followed, pursued, monitored, watched or kept under surveillance.”

“Although there is no known authority [on] point, a claim for damages under Civ.C. sec. 1708.7 is likely subject to CCP sec. 338(a)’s three-year statute of limitations governing ‘an action upon a liability created by statute, other than a penalty or forfeiture’. . . [T]he cause of action accrues at the time of the last injurious act or when the tortious conduct stops.” Compensatory damages are awardable, as are punitive damages upon a proper showing.

[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]

Post Author: lawofficesofjamesrdickinson