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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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AZ Superior Court - We just found out that the plaintiffs have

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AZ Superior Court - We just found out that the plaintiffs have won a partial summary judgement against us asking for a permanent injunction. The papers just say the injunction has been granted.
Q? Does this mean the permanent injunction has been granted?

The injunction is to "clean our backyard". There is no time stated nor what exactly has to go.

I was very surprised this was granted as I had read that an injunction is rarely granted before the end of a trial. We have not gone to trial yet. We lost because I could not find any law to support us against the injunction as a pro per, they have a lawyer.

So, is there anything I can file to halt the injunction or stop the injunction? I really have no idea how we are going to do this as we are on limited income. I have called so many places, written letters and emails and can find nobody willing to help us pro bono, reduced fees, etc neither a lawyer nor physical help. I just don't know what to do or what are next step is. How can this be ordered before we went to trial?

The plaintiffs have lied their way up to this point and got what they wanted. They invaded our privacy, used ladders and telephoto lenses to take photos into our yard and they continue to constantly watch us through second story windows with cameras, night vision and video. It is extremely upsetting, creepy, bullying and feels like terrorism.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation, friend.

AZ Superior Court - We just found out that the plaintiffs have won a partial summary judgement against us asking for a permanent injunction. The papers just say the injunction has been granted.
Q? Does this mean the permanent injunction has been granted?


An injunction normally connotes a permanent order, so if the judgment states injunction is in effect, this would ordinarily mean permanent, yes, I am afraid.

So, is there anything I can file to halt the injunction or stop the injunction?

First of all, someone in your situation may wish to appeal the ruling, be it via a motion for reconsideration or an appeal to the interlocutory (appeals) court. Either way, the ruling (and thus the injunction) stays in effect until/unless overturned, unless, you file a Motion to Stay and have it heard and approved, which would "pause" the injunction and the ruling while it is being reconsidered/appealed.

I just don't know what to do or what are next step is. How can this be ordered before we went to trial?

Without knowing more, it is hard to say, but they may have won a partial Motion for Summary Judgment based on a technicality.

Let me know if you need some pro bono leads in your state for possible pro bono / reduced-fee legal representation.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Ely,


 


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?

Expert:  Ely replied 1 year ago.
S,

Thank you for your reply.

If you know anyone who could assist us, it would be very much appreciated.

I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/arizona.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-arizona.asp


Isn't it illegal to constantly watch someone over a block wall, in their own yard, taking photos and video?

It may be seen as an "invasion of privacy," yes. However, the onus would be on you to:

1) file a police complaint next time they do so; or
2) file a counter-claim (it may be too late in this matter) for invasion of privacy due to their actions.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

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.

Expert:  Ely replied 1 year ago.
I put the invasion of privacy into my motion for summary judgment.

Any cause of action has to be put into the pleading (i.e. the petition if the plaintiff, and the answer if the defendant). Putting it into the MSJ is not enough.

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 meant it may be too late to put it into this suit, but, you may possibly file a new suit for this.

This is a very helpless feeling, no family to help us nor friends who live near us.

I am very sorry. Well, for what it is worth, I am here...
Customer: replied 1 year ago.

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

Expert:  Ely replied 1 year ago.
S,

I understand what you mean. However, keep in mind that even if the evidence was collected improperly, it may still be introduced in court. Of course, you may have counter-sued him for the invasion of privacy then. What should have been done is the following, to begin with:

1) Try to get the evidence dismissed;
2) If not, or if so still, file for a counter-suit for invasion of privacy.

The statute of limitations for any privacy claim in Arizona is 2 years. A.R.S. § 12-542.

We feel that they have deceived the court to get the court order under rule 34 and again to gain the injunction.

This is why you may wish to appeal/file to reconsider the matter, of course.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

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?

Expert:  Ely replied 1 year ago.
What court exactly is this in and what county?
Customer: replied 1 year ago.

AZ Superior Court, Maricopa County

Expert:  Ely replied 1 year ago.
Thank you.

You can get case information about your case online here. You may also call the clerk to ask what has been filed, etc, via(NNN) NNN-NNNN

Anything the Court renders as an order should be sent to you by the court or the other party, but at this point, you may wish to call the clerk to touch base and see where you are at in this matter.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

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.

Expert:  Ely replied 1 year ago.
Friend,

Without seeing exactly what documents you have, I cannot say what must be done. My apologies.

How many days to I have to file a stay or appeal to this?

Thirty days from entry of the decision by the Court.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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