Legal Question in Real Estate Law in California

Can a judge in small claims court issue an injunction to mandate the defendant to remove an obstacle that is blocking the accessibility of a shared private driveway?


Asked on 8/26/10, 3:38 pm

2 Answers from Attorneys

Without looking it up, I am 98% sure that must be brought in the regular Superior Court.

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Answered on 8/31/10, 3:44 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No, small-claims judges don't have jurisdiction to issue injunctions except where a statute specifically authorizes this (CCP 116.220(a)(5)). A small-claims action can sometimes be used with success in such cases, however, by asking for money damages for trespass in some token amount that you can more or less justify, such as the value of your time in having to walk an extra 40 feet twice a day, or the cost of risk of having your car exposed instead of garaged, or the like -- for however long this has been going on. A claim for $50 should get your point across. If the trespass is remedial rather than permanent, i.e., the neighbor can remediate it fairly easily, then you have a right to continue to sue periodically for accumulated additional damages. This may soon convince the neighbor to remove the obstacle. Negotiation with neighbors is always preferable, but sometimes it is necessary to nudge them toward the bargaining table.

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Answered on 8/31/10, 4:07 pm


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