Dear Adam,Upon an initial review of the information you provided me I think that you may have at least 15 possible civil claims.
They are:
Breach of Contract v. Landlord Inducing Breach of Contract v. ? Intentional Interference with Contractual Relations v. ? Intentional Interference with Prospective Economic Relations v. ? Trespass Trespass to Chattels v. ? Conversion v. ? Intrusion Into Private Affairs v. ? Appropriation of Name or Likeness v. ? Intentional Misrepresentation v. ? Intentional Infliction of Emotional Distress v. ? Negligent Infliction of Emotional Distress v. ? Defamation per Se v. ? Tortious Eviction Violation of California Civil Codes sections 51 and 51.7
Note that I do not know against whom the claims would be with the exception of the landlord. And, it may be that the landlordwould be the defendant on multiple claims along with possible other persons.There may even be some more claims as more facts become available.
If you would like to contract with me on an hourly basis I can provide you with a more in-depth analysis of theclaims. FYI each claim has certain legal requirements in order for a court to find a defendant liable for the claim.If any of the requirements are not met, then the defendant would not be liable. It is important to know thespecific legal requirements and if there is admissible evidence to support them.
On the topic of admissible evidence, it is important that anything that is gathered to support the claims be admissible attrial. Sometimes there are pieces of evidence that cannot be admitted. To use criminal law as an example, if a person is coerced intoadmitting he did a crime (ie. by being beaten or tricked) the admission would not be admissible. In civil trials there are manyrules governing the admissibility of evidence so those rules need to be addressed.
If you would like me to do further analysis my hourly rate is $XXX. I could provide you with the above claims plus the legal requirementsfor finding a defendant liable and set up a matrix to address evidence, etc. I think that about 2 hours ($XXX) would be sufficient to lay out the claims, the legalrequirements, and develop the matrix for gathering evidence.
Sincerely,XXXXXX
Thursday, August 4, 2011
ADAM COLLINGS VS XXXXXXXXXXXXXXX
On Wed, Jun 22, 2011 at 9:02 PM, xxxxxxxxxxxx wrote:
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