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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33747
Experience:  Began practicing law in 1992
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The city says you can park anywhere on the street - I cannot

Customer Question

The city says you can park anywhere on the street - I cannot park in front of my house in the summer because the next door neighbors park there all summer long - can I get an injunction to limit the time - they park there 24/7
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ceres Ca
JA: Has any paperwork been filed?
Customer: No police will not listen because of city law
JA: Anything else you want the lawyer to know before I connect you?
Customer: They have a driveway - a covered RV parking on the side of their house
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 4 months ago.

If the law states that anyone can park on the street wherever they like (or words to that effect) then you don't have any right to the parking space in front of your building and therefore nothing on which to based an injunction.

I'm not sure how familiar you are with injunctions and since they are extremely complex I'll give you a brief rundown on how they work.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

As I read the facts you gave, you wouldn't be able to meet the 4 requirements that are a part of every injunction.

What you may want to consider doing is going to the city council and seeing if they will pass an ordinance that will limit the time a person can park in a space and, further, limit the parking to people visiting or living in the building which adjoins the parking space.

Expert:  Dwayne B. replied 4 months ago.

Did you have any additional questions? If so, please ask them in this thread.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Five Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Even after you issue your positive rating you can some back to this thread and ask follow up questions at any time in the future. A Positive Rating prevents the question from timing out and "locks" it open for follow ups in the future.