Legal Question in Civil Litigation in California
small claims courts
To file a complaint in orange co. for a nuisance dog or constant barking dogs takes 4 to 6 months to resolve. Animal control and the Garden Grove police dept. will not respond to barking dog complaint. The owners of the two small dogs have been told and are aware of the problem, but have done nothing. A person at the animal control or animal care center suggested small claims court. Said it would be a faster way to resolve the problem. Can something like this be taken to small claims? thanks, wayne de mann
1 Answer from Attorneys
Re: small claims courts
You need a restraining order, or injunctive relief, for this type of problem. Small claims does not have jurisdiction for this type of problem. Your neighbor is maintaining a nuisance. If you do nothing the situation will persist. If you file suit, and serve the summons and complaint, you can probably resolve the problem without further litigation since your neighbor will be no more interested in spending on lawyers than you are. But, in any case, protecting your peace will require determination on your part to do what it takes.
A lawyer letter inviting a mediation session may be a good way to start and may avoid litigation.
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