How to file an injunction against a neighbor

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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