How to file an injunction against a neighbor

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How to file an injunction against a neighbor

I live in a townhome. The HOA Bylaws state there is no parking within the community yet my neighbor directly behind me continues let guests and contractors park there cars and trucks behind their garage and I cannot get in or out of my garage. They expect me to get out of my car and knock on their door and ask them to move. The HOA, Policen, Parking Enforcement will not do anything. I spoke to another attorney who told me I should file an injunction against the neighbor. How do i do this?

Asked on January 30, 2018 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You sue the neighbor for nuisance which is an unreasonable interference with your use and enjoyment of your property.  In the lawsuit, you indicate that the remedy you are seeking is an injunction.  Also, check the appropriate box on the civil cover sheet for injunction.
Damages (monetary compensation) are an inadequate remedy because of multiplicity of lawsuits due to the ongoing parking problems/blocking your garage.  Damages are also inadequate because land is unique. 
An injunction is an appropriate remedy when damages are inadequate.
The court will issue a temporary restraining order against your neighbor.  Then, there will be a hearing to determine if a preliminary injunction should be granted.  Subsequently, there will be another hearing to determine if a permanent injunction should be granted.


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