Stalking
1Elements and Case Citations
Under California's anti-stalking statute, a defendant is liable for the tort of stalking when the plaintiff proves:
- The defendant engaged in a pattern of conduct the intent of which was to follow, alarm, place under surveillance, or harass the plaintiff ...
- As a result of that pattern of conduct, either of the following occurred:
- The plaintiff reasonably feared for his or her safety, or the safety of an immediate family member. ...
- The plaintiff suffered substantial emotional distress, and the pattern of conduct would cause a reasonable person to suffer substantial emotional distress.
- One of the following:
- The defendant, as a part of the pattern of conduct specified in paragraph (1), made a credible threat with either:
- (i) the intent to place the plaintiff in reasonable fear for his or her safety, or the safety of an immediate family member, or
- (ii) reckless disregard for the safety of the plaintiff or that of an immediate family member. In addition, the plaintiff must have, on at least one occasion, clearly and definitively demanded that the defendant cease and abate his or her pattern of conduct and the defendant persisted in his or her pattern of conduct unless exigent circumstances make the plaintiff's communication of the demand impractical or unsafe.
- The defendant violated a restraining order, including, but not limited to, any order issued pursuant to Section 527.6 of the Code of Civil Procedure, prohibiting any act described in subdivision (a).
- The defendant, as a part of the pattern of conduct specified in paragraph (1), made a credible threat with either:
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- The rest of the elements for this cause of action;
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- The statute of limitations; and
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