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Yes, I do know this is not legal advice. If you know anyone who could assist us, it would be very much appreciated.
We both are disabled, on limited income, hence why we cannot afford a lawyer either.
We are in an HOA which is being sued by the plaintiffs too. The HOA said we were not out of compliance as they do not inspect backyards that have blocks walls. The plaintiffs have a two story. The only time they could see anything would be from upstairs. Anything you could find in a nuisance suit has been filed against us although 99% of it does not even exist. We had an oral argument in front of the judge. No trial date has been set yet.
We have removed a lot from our yard and they claim everything goes unabated. We supplied photos of what we have done. I took photos of before and after to the argument but the judge refused to look at them.
Isn't it illegal to constantly watch someone over a block wall, in their own yard, taking photos and video?
I put the invasion of privacy into my motion for summary judgment.
At what time is it too late to file the invasion of privacy? Did we have to file in this suit or can we file a new suit?
I have written to the ASU school of law a couple times with no response.
I bought a bunch of Nolo books, law books at the thrift shop and at the library sale. Sadly, I never had any legal education so all the time I am trying to educate myself, I cannot also be working in the yard plus all the physical pain the work causes can take days to settle down enough to do it all over again.
This is a very helpless feeling, no family to help us nor friends who live near us.
The photos the plaintiffs used under rule 34 were taken well over a year ago and well before we were even brought into the suit.There was never any update of those photos, so we are well beyond what those same photos would like today if new photos were taken as we worked in those areas first. We are absolutely certain that the means in which they took those photos, represents an invasion of our privacy.
When the HOA first responded to the lawsuit which was filed in Nov 2011, they said the photos were taken by way of ladder or other means to distort the viewing angle and or with a telephoto lens and asked for a dismissal at that time which was well over a year ago. The plaintiffs responded all this was untrue and yet after interogories they now admit it but the judge has not seen the interogories. It was clearly demonstrated that could not clearly taken those views with their camera except in a manor that is invasive and probably trespassed.
Two things which bother us about the site inspection under rule 34 was there was not an impartial party taking the photos/video. We went into their yard and NOTHING can be seen in our yard from any part of their yard.
Pictures of the site inspection submitted to the judge, included NONE of the areas that we had worked on that the original photos were of, they deliberately left out all the areas that were clean and open.
We feel that they have deceived the court to get the court order under rule 34 and again to gain the injunction
All we know about the injunction is that they won, it does not give us any dates or exactly what has to go. How do we find out all this info? Will another paper with this info be mailed to us?
AZ Superior Court, Maricopa County
I have access to the case online, but the papers still have no dates of when this must be completed or exactly what needs to go.
How many days to I have to file a stay or appeal to this? Monday was the day we found out and got the papers in the mail.
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