small claims

[distraught2]

What is the name of your state? ca

How likely is it that I will be able to get a court order in small claims for a neighbors trees to be removed?

The court advisor indicated they usually dont handle this in small claims, but if the judge relizes that we will have to keep coming back for future damages they might do it.

So I guess my question is: Is it completely out of the question that I ask for a court order for them to be removed along with a date of compliance? Or is it possible and I should ask and see what happens?

 

[hexeliebe]

Who the hell knows?

Did the tree say disparging remarks towards you or your children?

Did the tree urinate on your side of the fence?

How about some details?

 

[distraught2]

Ok, Ok, dont be so snappy!

I have grounds for the trees to come out. But I have heard from a few sources that it cant be done in small claims.

I have a neighbor who has 4 cottonwood trees along our good neighbor fence. They are hanging way over in my yard and dropping leaves and crap into our pool. The roots are ruining the pool and fence.

I have tried to approach the neighbor, my homeowners insurance, am trying to take her to small claims, (she rescheduled and I am finding out they cant order trees to be removed) and I am currently checking with the city to see if they can be removed under the public nuisance ordinance. They are checking with the city attorney.

I had a arborist tell me they wont cut the overhaning branches without her permission. Another person told me they would have to climb the trees to cut them and would need her permission. Their lift is 8.5 feet wide and they cant get it past the pool.

Another neighbor is having the same trouble with her. They hired a lawyer and after a year got her to court and settled in Feb 03 with her homeowners ins to remove certain trees. The womans STILL has not complied with the settlement.

Q. Have I tried everything yet? Or am I missing something. If I cut the limbs and she takes me to court wont our homeowners cover our legal fees.

 

[hexeliebe]

Not bad...

Now first things first. Don't cut the trees.

Simply get estimates on the damage repair and the trimming costs then take her to court. Even if she hasn't complied with the other judgement, it doesn't mean you won't get satisfaction.

As to judgement, after 30 days (check this with the court) you have the right to remedy.

Of course, since you've already contacted the city attorney, I would wait for an answer before doing anything.

 

[distraught2]

Ok I have a ton of estimates and proof of what I have done over the last 2 years to try and deal with these trees. We were suppose to go to court 7/14, but there was a protem judge sitting in that day and she had a right to reschedule if she wanted the regular commissioner for that court.... so she did. Any chance to stall and this woman takes it. I have no doubt she wont pay any settlement I am awarded.

What do you mean by Remedy? Take matters into my own hands? (Cut the trees) Or go after any judgements I am awarded that she wont pay?


To sum matters up.... we are going after damages, but my arborist report states the trees should be removed. Even if they are trimmed and a root barrier installed, they will still cause future damages. They could die from the root pruning or the roots grow back under the barrier and start damage all over again. We want the gone!

 

[hexeliebe]

Your remedy after monetary judgement is to place a judgement lien on anything she owns. Let's see how fast she moves if she thinks she'll lose her possessions.

 

[distraught2]

That might work! The city code enforcement officer and his boss the city project manager dont seem to want to get into it with her, but they are still checking with the city attorney. I feel it is just to make sure they are not liable if they dont do anything for me.

The only other thing I can think of is to contact her home owners insurance company since the other neighbor got a settlement out of them. I dont know how to find out who they are and my neighbors lawyer wont tell her who it is.

Q. So I am doing all I can do then and I should just relax and see what happens in court, Huh?

BYW, she is also counter sueing us. The description was the same as ours: She wanted 5,000 for neglect of maintanence causing property damages.

Q.Shoud I worry about this? I dont have anything causing damage and think she is blowing smoke to harrass us.

Thanks for listening to all my crap! This lady is driving us crazy... we wish she would just move.

 

[hexeliebe]

If she is counter suing take your case to an attorney. And make sure to have him/her advise you as to the likelyhood that her suit will be decided in her or your favor.

As to letting the court decide, that's all you can do.

As an added incentive to seek council of an attorney, he can write a letter to her attorney requesting the carrier information for her homeowner's insurance.

 

[distraught2]

Ok, I dont know much about court. I have never been.

I assumed that by her counter suing, she is saying that we have something that is causing 5,000 worth of damages to her property. Right?

We have no trees. We have nothing causing damage to her property.

Is she implying that because I have done nothing to her trees that the damage is my fault?

I dont mind consulting a lawyer, but the small claims date is a week from this Monday and you cant bring a lawyer to court so how would they know what evidence she has?

 

[hexeliebe]

Is she implying that because I have done nothing to her trees that the damage is my fault?

I couldn't tell you without reading both suits. And that's the answer to why you should consult an attorney. The attorney would be able to read both suits and tell you why the neighbor is suing, your best course of action and review every piece of paper you have to determine how strong your case is.

Yes, he/she would not be able to go to court with you, but it might give you some peace to know how to go about presenting your case.

 

[distraught2]

Since I know nothing about lawyers, What type of lawyer??

Civil Litigation?

 

[hexeliebe]

Yes.

See, you're learning

 

[distraught2]

Yes, that happens when you're thrown in with the sharks! It's all a means of survival.

 

[hexeliebe]

O.K. now call a few attorneys and tell them what you have and what you are facing and that you'd like a consultation before court to assess your position.

It might cost about $100 to $200 but at least you'll go in with both barrels loaded and cocked

Then come back here and let us know how it went.

 

[distraught2]

Not a bad idea considering she told me, (back when we were still speaking and she was fighting with the neighbors behind us) that she was studying to be a lawyer. When I asked her why, she said because she wanted to know her rights!

So she might have one or two up on me.....as far as knowledge goes.