Destroying another's plants

RichieRich6988

RichieRich6988

Well-Known Member
.I had an unfortuniate event happen to me at the tail end of Californias outdoior growing season. Therer is a guy that rents a room in the front house at the property I live on. For some reason he has it in his mind that I put water in his truck and his boat. (which I did not anything about) untill Oct 17 2019. when he returned home from his favorite bar that night shitfaced and started screaming at the top of his lungs saying that I did this and I did that, which all is untrue. So I dont want an ultercation with a drunken idiot .He was trying to call me outside and fight him, But I would not go outside. So he starts trampleing my 3 weeks away from harvest plants, and he was getting madder and madder because I would not go out and fight him so he starts at one end of my garden and pulls all but 3 plants out of the ground and starts throwing them like a little kid. Now my question is would it be a good idea in California to take him to small claimes court? My girlfriend keeps telling me I might be opening a whjole new can of worms. I have thought about this quite a bit to come up with an amount. and he ruined over 20 plants but since I am only allowed by law to have 6 I figured each plant produces betweeen 2-3 ounces each and each ounce for the same grade bud in my ares sells for 150 to 200 an ounce. So 6 plants at 3 ounces each gives me 18 ounces total at even $150 comes out to a total of $2700. does this sound right? I have never been to a small claims court so I am clueless on how it works. any help will be appreciated.
 
I would only claim 6 plants believe me there enough people living on the property to account for all the plants But I will only be claiming 6
 
RichieRich6988 said:
I would only claim 6 plants believe me there enough people living on the property to account for all the plants But I will only be claiming 6
Click to expand...

What I have seen is it is 6 per household, but no idea for sure just know here it is per household/property no matter how many folks live there.
 
RichieRich6988 said:
well Its not a criminal court they are there for the subject at hand
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you should probably have as little to do with the courts as possible...

its always best to forgive and forget
if you went over there when he was sober and told him you didnt do anything to his boat or w.e and that you forgive him for what he did to your property, youd probably make a friend.

if you want to go the petty way, best to not use an incident where you are outside the law yourself.
Also you will have to be careful going forward because hes going to call the cops on everything after you sue him.

honestly, jesus was right though, Just forgive him and dont go to war over weed and liquor...
 
10gal said:
you should probably have as little to do with the courts as possible...

its always best to forgive and forget
if you went over there when he was sober and told him you didnt do anything to his boat or w.e and that you forgive him for what he did to your property, youd probably make a friend.

if you want to go the petty way, best to not use an incident where you are outside the law yourself.
Also you will have to be careful going forward because hes going to call the cops on everything after you sue him.

honestly, jesus was right though, Just forgive him and dont go to war over weed and liquor...
Click to expand...
you are right. I have known him for 5 years and his problem and talked the landlord to let him move in. And after he made a big sceene that late at night, the landlord wanted to throw him out on a nussence clause. But I know how hard it is to find a place with 3 dogs , so I asked the landlord to cease the eviction process and he did with a warning to him that if it happens again he is gone. and I can always grow more next season ty. I am a firm believer in karma. When hof my grow I was more butthurt than anything I guess.
 
RichieRich6988 said:
you are right. I have known him for 5 years and his problem and talked the landlord to let him move in. And after he made a big sceene that late at night, the landlord wanted to throw him out on a nussence clause. But I know how hard it is to find a place with 3 dogs , so I asked the landlord to cease the eviction process and he did with a warning to him that if it happens again he is gone. and I can always grow more next season ty. I am a firm believer in karma. When hof my grow I was more butthurt than anything I guess.
Click to expand...
you made the right choice :)
one love bro,
 
He has nothing to do so he dreamed up this shenanigan for some entertainment. Just let it go and live alone. He probably already reported you to the cops but wasn’t happy with their remedy so he went this route. Don’t go to court . Don’t break the law. Don’t trust anyone. You shouldn’t have even posted this knowing you weren’t in compliance with law. Misery loves company.80 percent of the population would rather tear someone down and laugh then be cool.now you know and knowing is half the battle. Why be a decent person when you can be a douche.
 
10gal said:
no, per residency/household... ie per tenure
Click to expand...

While I am not a lawyer, it is my strong understanding that the law refers to not just the residence but also the land on which the residence resides.
10gal said:
no, per residency/household... ie per tenure
Click to expand...


It's a bit of a mix. It's the residence and the grounds of that private residence. So if you have a land parcel with 8 houses and they all also have access to a storage unit, they could not grow 48 plants in the storage unit, despite the fact that they're all tenants of individual residences.

They could grow in each of their houses, and if zoned for it, in their individual yards.

A mother-in-law suite or other "lodger" type accomodations do not appear to offer the same rights, despite the fact that they are a type of residence.

Not saying that you're wrong, at all, just worth mentioning that it's not quite as straightforward as many think.
 
Vulx said:
Not saying that you're wrong, at all, just worth mentioning that it's not quite as straightforward as many think.
Click to expand...
While there is lots wrong in what you said, well not wrong, just you dont hold the mysteries, generally I agree, and its all statutory so the laws differ by jurisdiction.
they are mostly colour, the commonlaw says you and grow whatever you want on your land, and yes, if you wanted to be a dick you could beat the statutes pretty easily.

Surveying your land into 4x4 parcels and registering each as a fee simple would do it for example XD
but I kind of doubt the sitting justice would would find it very funny XD
 
Vulx said:
While I am not a lawyer, it is my strong understanding that the law refers to not just the residence but also the land on which the residence resides.



It's a bit of a mix. It's the residence and the grounds of that private residence. So if you have a land parcel with 8 houses and they all also have access to a storage unit, they could not grow 48 plants in the storage unit, despite the fact that they're all tenants of individual residences.

They could grow in each of their houses, and if zoned for it, in their individual yards.

A mother-in-law suite or other "lodger" type accomodations do not appear to offer the same rights, despite the fact that they are a type of residence.

Not saying that you're wrong, at all, just worth mentioning that it's not quite as straightforward as many think.
Click to expand...

Littleton's tenures in English; : Littleton, Thomas, Sir, d. 1481 : Free Download, Borrow, and Streaming : Internet Archive

Bibliography: p.lxvii-lxxxiv
archive.org
and coke on littleton
are both good reads you might find ... profitable...
 
Vulx said:
It's a bit of a mix. It's the residence and the grounds of that private residence. So if you have a land parcel with 8 houses and they all also have access to a storage unit, they could not grow 48 plants in the storage unit, despite the fact that they're all tenants of individual residences.
Click to expand...
In Maine you are allowed 6x flowering plants per adult (21+) per property...we have a house down the road that has 4 roommates and driving by it in the Fall is so skunky :laugh:
 

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