Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I am a pro-se litigant in a civil suit in AZ Superior Court

(defendant). Recently, the plaintiff won...
I am a pro-se litigant in a civil suit in AZ Superior Court (defendant). Recently, the plaintiff won a partial summary judgement for an injunction against us. We had an oral argument as well as the papers I wrote and filed. I have never had any legal training and find this all very confusing. Seems we lost on technicality that I had no legal citings to back me up and of course, they did with a lawyer.

I asked a week ago what my options were here and was told I could file an appeal with or ask for a reconsideration. If I file an appeal and lose, do I have to pay their costs? How about a reconsideration?

We live in an HOA, have a 5-6 ft solid block privacy fence. We do have items in our yard, mostly wood that other yards do not have. A neighbor moved in behind us and is suing to clean out our entire backyard. Apparently this is the injunction. The order was granted but has no details. I thought when the order was granted it was to include the details as to what was to be done as well as to a time?

I have to file something in the next few days. I have a mental block as to what to do and write. I need to cite something in my favor but don't know exactly how? The HOA says we are not out of compliance and they are being sued as well. I cannot see how the judge has sided with the plaintiffs.

The HOA rules are over 30 years old. I read the definition "as seen from a neighboring yard" which is a 6 ft man standing at ground level. Not looking out from a second story window! The definition seems to have been ignored by the court.

What options do I have? Can you cite anything for me? Which way is better, a reconsideration or an appeal? The judge says the evidence is "overwhelming" so doubt a reconsideration would go anywhere if he is to be the judge. By the way, this was granted before we;ve even gone to trial and had our fair chance to present our evidence!
Show More
Show Less
Ask Your Own Legal Question
Answered in 43 minutes by:
6/1/2013
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified

William B. Esq. :

Dear Customer, thank you for choosing Just Answer, I would like to assist you with your legal questions today.

William B. Esq. :

I am sorry to learn of your difficulty with the injunctive relief. What the Court is referring to with citations is the requirement that your argument be based on legal principles (either statutes or case law, as well as your contract (the CC&Rs). To do this, you will need to find the appropriate statute, quote the language and give the proper citation (AZ Rev. Stat. xxxx). I cannot give you the citation that is appropriate for your case (I can't practice law through this forum), but I will point you to the sections of the AZ code to get you started.

Customer:

I would appreciate sending me in the right direction.

Customer:

Also, which is the best way to go? Appeal, reconsideration or stay? If we appeal and lose do we have to pay the plaintiffs costs?

William B. Esq. :

With regard to the difference between a motion for reconsideration and an appeal, there is one additional difference beyond the Court's statements to consider. A motion for reconsideration must be based on new law or facts that were not present at the time of the original hearing (not just things that were omitted, but new things). This generally makes an appeal more appropriate, but this is not always the case, and I do not want to give you the improper direction as I do not have all of the facts for your case.

Customer:

Do I have to pay their costs if we lose the appeal?

William B. Esq. :

Given the fact that you are litigating under your CC&Rs, the proper place to look to determine whether or not you will owe attorneys fees is in the CC&Rs. Look for an "attorney's fees clause" in your dispute resolution section.

Customer:

The plaintiffs got approval from the HOA to bring us into the case, they sued the HOA first and brought us in about 5 months later. We are in civil court so why would the CC&R's apply to an appeal cost? They want us to pay ALL their costs so far if they win

William B. Esq. :

The primary statutes that apply to your case will be the AZ Rev Stat 33-1201 et. seq. (and the following sections) which govern HOA management; and AZ Rev Stat 12-1801 et. seq. which governs injunctions. You will need to read these sections and see which parts apply to your situation, pick out that language and write it into your brief (comparing the language in the statutes, the language and requirements of your CC&Rs, and the facts of your situation, to explain why an injunction should not be issued).

William B. Esq. :

The HOA was probably sued for a failure to enforce the CC&Rs (the argument is that they should have made you clear the things out of your yard). The neighbors then sought permission to join you as the real party in interest. This is an enforcement action, and it is likely that your CC&Rs allow for recovery of the these fees. (Remember, this is based on contract (the CC&Rs) so this is speculation on my part, but in my experience, this is fairly common.

Customer:

Thank you. Also, isn't it odd for a permanent injunction to be granted before trial? I read that before the oral argument and was shocked it was granted before any fair trial. The plaintiffs have used deceitful photos to gain entry into our yard and then took deceitful video by not taping ANY of the open areas. They then mailed the video from discovery just days before the judge was to make his decision. I had no idea that they could do that.

William B. Esq. :

While I cannot speak to all circumstances, a permanent injunction should not issue before trial. A temporary injunction can issue before trial (that is the purpose, either to protect a party from imminent harm or to maintain the status quo), but a permanent injunction is only issued after a full hearing on the merits. As far as your discovery disputes go, I don't have enough information to go into detail on them, however, discovery matters must be dealt with promptly (motions to quash etc.) as a failure to do so may mean that a judge will deny your pre-trial evidentiary motions to keep the evidence out of the trial based on these practices.

Customer:

Yes, the neighbor brought us in as you speculated. When we went into their yard for inspection, nothing in our yard can be seen. not once did these people ever contact or talk to us, just took us to court.

Customer:

So, which is the best way to file?? I do not know which way to go? Reconsider, stay or appeal? If I appeal, is that a different court?

William B. Esq. :

Check your CC&R dispute resolution requirements. It is possible that you can build an argument that they are not entitled to fees for failing to go through the pre-litigation dispute resolution process (not guaranteed, but possible).

William B. Esq. :

I can't give you a legal instruction through this site (I do not want to mis-direct you, I don't have all the facts and I am prohibited by the terms of the forum). If you do appeal, you will be lodging an appeal with the appellate court. (They have their own set of procedures, so you will need to stay on top of them). It may be a good idea to at least consult with an attorney (look for a civil litigation attorney with experience in HOA law), to get a formal legal opinion and perhaps develop a strategy. You don't have to retain them, but it might be worth your while to at least get some information based on all of the facts.

Customer:

Looks like AZ Rev Stat 33-1201 et. seq. is about condos, these are single family homes

William B. Esq. :

It is, but the application is for common interest developments (AZ Rev Stat 33-1202.11)

Customer:

Do we get any extra time for memorial day for filing

William B. Esq. :

If the filing is based on Court days, yes. If you must file based on regular days, the only extension would be if the filing lands on Memorial day (you get to file the day after).

Customer:

we have 30 days so I don't know if that adds a day or not

William B. Esq. :

Which statute are you looking at? (I am going to guess that this is 30 calendar days which means that you do not get any additional days, the only extension would be if the 30th day was memorial day (or some other holiday or weekend), in which case you would have to file on the next business day.

Customer:

The last just answer guy a week ago gave me the 30 days

Customer:

OK, guess I have what I need for now. Thank you

CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified
CalAttorney2 and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: Civil litigation attorney for individuals and businesses.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Where can I find WYOMING rules of Appellate Procedure, Rule
where can I find WYOMING rules of Appellate Procedure, Rule 12.04? … read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers
How can I find a process server to serve civil litigation
Hi how can I find a process server to serve civil litigation papers in Sweden? Please refer some service providers.Thanks,… read more
socrateaser
socrateaser
1,031 satisfied customers
Civil litigation: building contractor, mechanic lien, 2009.
Civil litigation: building contractor, mechanic lien, 2009. Multiple court dates extended, fired my attorney, filed pro se to dismiss for lack of prosecution after 2 1/2 yrs no communication after agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
I would like to start a civil litigation suit against
I would like to start a civil litigation suit against several large and powerful companies and some personally. Since the election of President Trump, the constant repeating of the white racist is vio… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
I have a civil litigation question. New York. The other
I fired a contractor who took half the payment in advance and then wont show up to work. I asked my money back and he wont give me. I confiscated his tools. Now his actions are making me concern for my safety.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
How do I amend a civil litigation paper that has already
How do I amend a civil litigation paper that has already been filed but not served? Can I add facts happened after the original filing date in the amendment? In the original filing there is no stateme… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Is it possible to indicate me a list of Civil Litigation
Hello. Is it possible to indicate me a list of Civil Litigation Lawyers who work in the New York area?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
For a civil litigation case that is already in process, the
For a civil litigation case that is already in process, the defendant filed a motion and dropped a copy to my door without actually serving me and mailed a copy to my attorney, is this ok in terms of … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Civil litigation question: I am responding as a pro per in a
Civil litigation question: I am responding as a pro per in a civil litigation matter in state court. Plaintiff has filed a Motion to Strike a Motion filed by me. My question is: Can I cite a Federal D… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I am considering pursuing civil litigation against a person
I am considering pursuing civil litigation against a person and (possible persons) who committed a crime against me and are currently facing criminal charges. How do I select the correct lawyer? … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
In a civil litigation situation, the other side is
In a civil litigation situation, the other side is attempting to subpoena business records from a social media website (third party/non party) that I used, claiming that I used it during a certain per… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have been involved in a civil litigation (federal). My
I have been involved in a civil litigation (federal). My initial complaint in the U.S. District Court for Middle Tennessee was dismissed. I appealed to the 6th Circuit and the Appeals court upheld the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
Federal Removal Law question: I had ongoing civil Litigation
Federal Removal Law question: I had ongoing civil Litigation in PG County Maryland. I am the only defendant, I reside in Maryland. Multiple Plaintiff's live in other states. I removed the case from St… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I need a civil litigation attorney I have become a target
I need a civil litigation attorney I have become a target and wrongfully arrested 4 times 2 times charges dismised and now arrested again two times and snatched out my vehicle in the state of Columbia… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Are you for real? Ct. I'm in a civil litigation. I am the
are you for real? JA: What state are you in? It matters because laws vary by location. Customer: ct JA: Has anything been filed or reported? Customer: yes I'm in a civil litigation JA: Anything else y… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I am a defendant in a on going civil litigation matter and
I am a defendant in a on going civil litigation matter and was horrified when the opposition submitted a picture taken of me as an exhibit. This picture was taken without my knowledge or consent. What… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
For entry of default (civil litigation), I have to submit
For entry of default (civil litigation), I have to submit statement of damages along with it as well? I thought I could enter default first and then do statement of damages later. Thanks,… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I will be giving a speech on civil litigation from the
I will be giving a speech on civil litigation from the perspective of a businessman. I would like to reference two items:1. When were the rules of discovery changed to eliminate "trial by ambush"? 2. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x