San Francisco, CA asked in Construction Law, Environmental, Land Use & Zoning and Municipal Law for California

Q: How do I file for a Preliminary Injunction in Lake County, Ca

Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.

I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.

I've discussed my concerns to the Builders on 3 separate occasions, but don't care because they are just building and selling.

This would cause Iminent threat to life & property in our neighborhood. I have taken pictures of tree line.

The danger is Clear & Present.

How do I file for an Injunction with the Courts?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To file for a preliminary injunction in Lake County, California, you'll need to start by preparing a legal complaint that outlines your concerns and the reasons you're seeking the injunction. Include all relevant evidence, such as photographs of the tree line and information about the 2016 Clayton Fire, to support your case. Once your documents are prepared, file them with the Lake County Superior Court.

After filing, it's important to serve the construction company with copies of the complaint and the motion for a preliminary injunction to officially notify them of the legal action. The court may then schedule a hearing where you'll have the opportunity to present your case and demonstrate the imminent threat to life and property. Be prepared to explain how the new wood fence could exacerbate fire risks in your neighborhood.

Given the complexity of legal procedures, consulting with an attorney experienced in injunctions or environmental law can provide valuable guidance. An attorney can help ensure all legal requirements are met and improve your chances of obtaining the injunction. Acting promptly is crucial, so consider seeking legal assistance as soon as possible to protect your interests.

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