trespassing??

[Seesm]

So I did not know about a bill or get any calls that I know of and they other day I get served... Mind you not a big deal but my property is fenced and gated...

I ask the guy how he got on my land and that he is in FACT trespassing... He tells me that he is not he pulled a pin and opened my gate...

Alot more went down and the local Sheriffs came over... They said he was NOT tresspassing and I think he was.. They quoted PC 602 which I have not found yet...
Just curious what you think... Thanks

[ElvenSoul]

To open a lock gate could get argued in court, but you should win.

[Ron-Solo]

Generally, if he has lawful business, he is not trespassing. Trespassing laws can be difficult to enforce.

[planedude86]

Section 602.8(c)(3) PC

(a) Any person who without the written permission of the
landowner, the owner's agent, or the person in lawful possession of
the land, willfully enters any lands under cultivation or enclosed by
fence, belonging to, or occupied by, another, or who willfully
enters upon uncultivated or unenclosed lands where signs forbidding
trespass are displayed at intervals not less than three to the mile
along all exterior boundaries and at all roads and trails entering
the lands, is guilty of a public offense.

...

(c) Subdivision (a) shall not apply to any of the following:
(1) Any person engaged in lawful labor union activities which are
permitted to be carried out on property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act.
(2) Any person on the premises who is engaging in activities
protected by the California or United States Constitution.
(3) Any person described in Section 22350 of the Business and
Professions Code who is making a lawful service of process.
(4) Any person licensed pursuant to Chapter 15 (commencing with
Section 8700) of Division 3 of the Business and Professions Code who
is engaged in the lawful practice of land surveying as authorized by
Section 846.5 of the Civil Code.
(d) For any infraction charged pursuant to this section, the
defendant shall have the option to forfeit bail in lieu of making a
court appearance. Notwithstanding subdivision (e) of Section 853.6,
if the offender elects to forfeit bail pursuant to this subdivision,
no further proceedings shall be had in the case.

[RickD427]

A lot of folks think that "Trespassing" is when someone enters your property without permission. But that's very different from what the law says. Most of California's law on trespassing is found in Penal Code Section 602. Standby, it will take a while to read it all and very little of the law is as intuitive as you might think.

"Planedude86" pulled out the operative section for you. As it turns out, there was no trespass when the process server entered you property, even if he had to breach your gate to do so. The law gives him that right.

California law has some really interesting quirks in it. It's just not always what we think it is. I've been an LEO for more than 30 years. I still carry copies of the Penal Code and Vehicle Code with me, and still take the time to read, carefully, any sections that I'm not intimately familiar with before taking action.

[fullrearview]

A lot of folks think that "Trespassing" is when someone enters your property without permission. But that's very different from what the law says. Most of California's law on trespassing is found in Penal Code Section 602. Standby, it will take a while to read it all and very little of the law is as intuitive as you might think.

"Planedude86" pulled out the operative section for you. As it turns out, there was no trespass when the process server entered you property, even if he had to breach your gate to do so. The law gives him that right.

California law has some really interesting quirks in it. It's just not always what we think it is. I've been an LEO for more than 30 years. I still carry copies of the Penal Code and Vehicle Code with me, and still take the time to read, carefully, any sections that I'm not intimately familiar with before taking action.

Thank god for the new quick check guides we are issued!

[Ron-Solo]

Thank god for the new quick check guides we are issued!

Yeah, but be careful with quick codes. As a watch commander I've rejected more than one arrest because the deputy relied on the quick code instead of the full section.

They are good tools, but are not a replacement for the full penal or vehicle code.

California law has some really interesting quirks in it. It's just not always what we think it is. I've been an LEO for more than 30 years. I still carry copies of the Penal Code and Vehicle Code with me, and still take the time to read, carefully, any sections that I'm not intimately familiar with before taking action.

Words to live by from another 'Old Goat' Welcome to CalGuns Rick!

[Notorious]

Trespass does not protect you from those having lawful business to enter the property, but he still cannot just bust down your door. He may enter the curtilage to speak to the occupants. In an open situation such as a business warehouse or such, he may enter the premises just as anyone else with lawful business.

[Seesm]

The thing that pissed me off I never said I was the person he was looking for and he threw the paperwork in my face.

[E Pluribus Unum]

The thing that pissed me off I never said I was the person he was looking for and he threw the paperwork in my face.

Now you are talking about ducking service.... which is a chicken [poop] thing to do.

Someone is claiming you owe them money; at the very least, you owe them an explanation as to why you do not.

[Seesm]

Now you are talking about ducking service.... which is a chicken [poop] thing to do.

Someone is claiming you owe them money; at the very least, you owe them an explanation as to why you do not.

Actually I am going through a bad separation with my ex and I have the kids full time now. I had no idea what this was AT ALL ...so NO I was not who they wanted to speak to at that point no matter WHAT it was.. (AND WHAT WAS THE BIG DEAL IS HE HAD GOT THROUGH A LOCKED GATE AND FENCED PROPERTY)
This is mind you a medical bill I knew NOTHING about and it was from HER insurance and a bill SHE DIDN'T pay... I just brought my son to the hospital...
They do not want a explanation they want money I do not have for them. It's not my deal cuz it was not my insurance.
She left all of us with a bunch of debt to move in with her 20 year old BF from work...

[E Pluribus Unum]

Actually I am going through a bad separation with my ex and I have the kids full time now. I had no idea what this was AT ALL ...so NO I was not who they wanted to speak to at that point no matter WHAT it was.. (AND WHAT WAS THE BIG DEAL IS HE HAD GOT THROUGH A LOCKED GATE AND FENCED PROPERTY)
This is mind you a medical bill I knew NOTHING about and it was from HER insurance and a bill SHE DIDN'T pay... I just brought my son to the hospital...
They do not want a explanation they want money I do not have for them. It's not my deal cuz it was not my insurance.
She left all of us with a bunch of debt to move in with her 20 year old BF from work...

That still does not warrant ducking service. If you are being sued, you need to man up, accept service, and defend yourself in court.

[Seesm]

That still does not warrant ducking service. If you are being sued, you need to man up, accept service, and defend yourself in court.

Well since you have no clue on my situation I will not take offense to that.
But I will tell you I did go talk to the county courthouse the very next day and explain what was up...
They told me to not worry till they come after me in court itself and see what happens from there... Again and it may not matter to you but it does to me.. (I had no idea anything about this....)
If I said you owed me money for something that was supposed to be dealt with by your ex and then came after you and you had nothing to give me were would you go or what would you do?? You can preace all you want but unless your walking in my sneakers... Well you know.

[incredablehefey]

papers?? what papers???

looks like planedude got it "Section 602.8(c)(3) PC...(3) Any person described in Section 22350 of the Business and
Professions Code who is making a lawful service of process."

but who knows who he gave those "alleged" papers too?

[ZX-10R]

Sorry to hear this stuff bro.

CA and its laws...Brought to you by the Democrats who run it.