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, CA, you’ll need to follow several steps. First, gather all the evidence you have, including photos of the trees and the proximity of the fence to your property, as well as any communication you’ve had with the construction company. These materials will be crucial for supporting your claim of imminent danger.

Next, you should prepare and file a request for a preliminary injunction with the Lake County Superior Court. This will involve filling out forms, such as a "Request for Order" (Form FL-300) and supporting declarations that clearly explain the threat posed by the construction. You will need to explain why immediate action is necessary to prevent harm to your property and the community.

After filing, the court may set a hearing where you’ll need to present your case. Be prepared to explain why the fence construction poses an imminent danger and why a temporary stop is necessary until the issue can be fully addressed. You might want to consult local court resources or a legal advisor to guide you through the process.

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