Legal Question in Civil Litigation in California

i need to file a motion

I need to file a Motion for Injunction to prohibit the sale or damage of property pending trial. How do I do this?


Asked on 3/14/05, 8:46 pm

3 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: i need to file a motion

If you want to have any chance of success, you will hire an attorney. You know, I watch people try to practice law and file complaints, etc. And yes you can initiate a case quite easily. But now you get to the surgical parts and you want to continue to operate on yourself. Don't be surprised when you bleed to death.

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Answered on 3/14/05, 8:51 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: i need to file a motion

Mr. Brainard is right about the complicated legal issues. One suggestion, however. If the lawsuit involves a dispute over real property, you might consider filing and recording with the county recorder a lis pendens. That puts a lien on the property and could prevent it from being sold, refinanced, etc., during the pendency of the lawsuit. However, there are strict requirements and dangers in doing so wrongfully. Good luck to you.

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Answered on 3/14/05, 9:07 pm
Terry A. Nelson Nelson & Lawless

Re: i need to file a motion

With great attention to all the procedural and pleadings requirements, fully stating your required legal and factual arguments with appropriate case law citations, complying with all the notice and bonding requirements, etc. It is difficult for a pro per to successfully navigate those waters when attorneys frequently have trouble doing so. Injunctions are hard to obtain, requiring convincing evidence of need with legal and factual justification. Good luck. You would be well advised to hire competent counsel to do this to have any real chance of success, or at least to advise you if you have a basis for doing it. Contact me if interested in doing so.

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Answered on 3/14/05, 9:21 pm


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