Writs & Injunctions
Committed to justice, the Sacramento and LA Kassouni Law attorneys seek cost-effective and efficient remedies for clients throughout the state of California. The writs and injunction attorneys at Kassouni Law listen closely to clients and develop strategies based on specific needs and concerns. Sometimes the best legal strategy is an injunction or writ. If you wish to have your legal matter assess to determine if a writ or injunction might be a worthwhile and strategic plan of action, contact the Sacramento and LA offices of Kassouni Law by calling (877) 770-7379.
More on Writs and Injunctions from the LA and Sacramento Lawyers at Kassouni Law…
Not all lawsuits seek damages as a remedy. There are many occasions in which the plaintiff seeks to prevent the defendant from engaging in an activity which will cause irreparable harm. For example, if a neighbor is threatening to cut down large trees which the plaintiff owns, a lawsuit will need to be brought quickly so that the court can issue a restraining order or preliminary injunction to maintain the status quo, until a full trial on the merits.
There are specific legal arguments the have to be made in order to obtain the injunction order. The plaintiff must establish the risk of irreparable harm, and that he or she is likely to prevail after a full trial on the merits. The lawyers at Kassouni Law have substantial experience assisting their clients in obtaining quick relief in Court when others threaten irreparable harm.
There are three types of injunctions: temporary restraining orders, preliminary injunctions, and permanent injunctions. A temporary restraining order (TRO) is usually issued by the Court very early in the case to maintain the status quo until the defendant has an opportunity to submit his or her own arguments and evidence, and lasts only one or two months. After the defendant submits his or her own arguments and evidence, the Court will decide whether to issue the preliminary injunction. If issued, the preliminary injunction will stay in effect until a full trial on the merits, which can be 9-12 months later. If the injunction is issued after a full trial on the merits, the injunction becomes permanent. As you can see, the preliminary injunction is the crucial, because if it is issued the Court has signaled that the plaintiff is likely to prevail on the merits. Cases often settle after the preliminary injunction is issued.
Writs are another non-monetary remedy available to a plaintiff. A writ is essentially an order from the Court commanding a governmental entity to do something. For example, a property owner may have wrongfully been denied a permit to construct a home or a commercial business. The property owner can file a lawsuit claiming that the permit should have been issued. If the property owner wins, the Court will sign a document called a writ, which will have language ordering the government to issue the permit. In many instances, California statutes require the property owner to file a lawsuit with a writ cause of action.
It is very important to contact a lawyer as soon as possible if you are having trouble obtaining a permit or other license from the government. This is because specific legal arguments have to be made to the government before filing a writ claim. The government must have an opportunity to address the legal arguments you make before the lawsuit is filed.
One must also appeal the government’s decision to a local Board of Supervisors. If certain arguments are not made, or if all available administrative appeals are not timely requested, the Court can dismiss the case without considering the merits.
The lawyers at Kassouni Law believe justice and personal freedom are intertwined. Headquartered in Sacramento, with offices in Los Angeles, our attorneys have litigated cases against all manner of private and governmental entities throughout California, all on behalf of private individuals and businesses.
If you are party to a legal matter that might require a writ or injunction, please contact Kassouni Law LA and Sacramento offices for a consultation (877) 770-7379. We will be pleased to assess your rights and remedies and help you form a plan of action to obtain positive results.