Injunctive Relief And Damages

  • June 2020
  • PDF

This document was uploaded by user and they confirmed that they have the permission to share it. If you are author or own the copyright of this book, please report to us by using this DMCA report form. Report DMCA


Overview

Download & View Injunctive Relief And Damages as PDF for free.

More details

  • Words: 1,752
  • Pages: 5
I have not received the letter you wrote to me, but I assume the unregistered, as required by law, shop owner/mechanic told you what he told The State of California, The Department of Motor Vehicles, The Bureau of Automotive Repair, and it is evident that The State of California, enjoys the stream of revenue, they will not act to enforce the laws they created, leaving those who thought they could rely on the State of California, in limbo (I was there) he just said NO, he didn't care what anyone said If the Injunctive Relief with damages works great, but if I have to sue California and other, at 75 years, I would rather be working on my Plasma Sterilization, a way to put 10,000 people in and around Oakland to work and maybe save two billion people, but instead, I will be playing Perry Mason. Is there anything I can do to get out of this mess? Regards, Clinton Graves

Office of the Attorney General - Edmund G. Brown Jr., Attorney General Cinton Graves Petitions Superior Court of California-County of Alameda or should the proper venue be with Fed Court to Uphold the exsisting California Law and issue a mandatory injunction, compelling a person, company, or governmental unit take affirmative action requiring immediate return of my property. The mandatory injunction is required, since the remedy at law is inadequate. Graves Petitions for mandatory injunction: First cause: The State of California, Bureau of Automotive Repair has laws inplace, requiring all shop to register in order to insure that consumers will be provided with a written estiment and require the repair shop to have the consumers sign this estiment prior to any repair work. And further if a repair shop is not registered, as required and whether or not a written estimate is provided can not demaind monies. Second cause: The State of California, Bureau of Automotive Repair, state that they do not have the authority to act and are unwilling to contact a supervisory that may know. I was told that the proper method, is as follows: 1. Get an attorney and have the attorney file an action on your behalf

2. We will file a report and then your attorney can subpoena this report 3. Then the court will have an opportunity to view the details of your complaint Third Cause: The auto repair shop has been in business for three years servicing and repair of autos, he advertizes on Craigslist and the web, but is still unregistered, as required by law. In my case, the auto shop did provided me with a written estimate on or about 15-Dec2008. I approved in writing and inspected the work and paid them on or about 15-Dec2008. The shop owner/mechanic was told that day and many times thereafter that I required a written estiment and not to do anything until we had discuses all details an I had approved of the course of action. Then in late May 2009, I was emailed an Invoice for $3000, and there is another invoice he gave, Bureau of Automotive Repair, Mr Marty Sexton, this invoice was for another $4000, for a total of about $7000. There were no discussion, no written sentiments, in fact these are just fraudulent invoices and statements

A civil action is commenced by the filing of a complaint. Parties instituting a civil action in a district court are required to pay a filing fee pursuant to Title 28, U.S. Code, Section 1914. The current fee is $350. Complaints may be accompanied by an application to proceed in forma pauperis, meaning that the plaintiff is incapable of paying the filing fee. Proceedings in forma pauperis are governed by Title 28, U.S. Code, Section 1915. Anc is an order of a court requiring a person, corporation, or government entity to stop doing something and refrain from doing that thing in the future. In relatively rare cases, the court may issue a "mandatory injunction", compelling a person, company, or governmental unit take affirmative action to do something. Injunctions historically are issued, only "when the remedy at law is inadequate". For example, suppose you own a home surrounded by 100 year old trees and your neighbor

claims the trees are on his property and is planning on cutting them down. While the dispute is pending, the court might well issue an injunction preventing the neighbor from cutting down the trees until the matter is heard and completely resolved. Otherwise there could be irreparable harm to the land, money damages could not replace the trees, and the damages you would be entitled to could be speculative. Another example of when an injunction may be issued is in the case of an ongoing course of conduct that violates your rights. For example, assume you own a Web site and another firm keeps on coming back and copying the material on your Web site in violation of copyright notices, no trespass notices, and contractual provisions. A court will issue an injunction to prevent that conduct from recurring. In fact, courts did exactly that to prevent others from improperly using portions of a site published by the creators of FreeAdvice. WHY MIGHT A COURT REFUSE INJUNCTIVE RELIEF? Persons seeking injunctive relief typically have to show some sense of urgency in order for the court to act. If you were aware of circumstances for a while and did nothing about it, the court will be inclined to deny your request for injunctive relief. In another words, if you unreasonably delay in asserting your claim, particularly where the delay has prejudiced the other party, the defense of "laches" is applicable. The period of "laches" may be much shorter than the legal statute of limitations. The court in each case will determine whether the delay was sufficiently long and sufficiently unreasonable for "laches" to be operable. "Unclean hands" is another defense to injunctive and other equitable relief. If you yourself have been guilty of inequitable or wrongful conduct with respect to the particular matter at issue, the court will likely not issue an injunction. The "unclean hands" arises out of the particular matter you are suing on and courts are not suppose to examine your conduct in other matters or question your general character in dealing fairly. (But judges are human.)

--> ARE NOT MOST LAWSUITS ABOUT MONEY?...

This Question --> WHAT IS AN INJUNCTION?... --> WHAT IS THE DIFFERENCE BETWEEN A TEMPORARY RESTRAINING ORDER... --> WHY MIGHT A COURT REFUSE INJUNCTIVE RELIEF?...

Click Here for More Q&As in General Practice / Legal Remedies Related Topics: | Contract Law | Guarantees | Legal Remedies | Lemon Law | Licenses | Suing Being Sued | Traffic Law | For All Legal Topics, Click Here

US FED COURT A civil action is commenced by the filing of a complaint. Parties instituting a civil action in a district court are required to pay a filing fee pursuant to Title 28, U.S. Code, Section 1914. The current fee is $350. Complaints may be accompanied by an application to proceed in forma

pauperis, meaning that the plaintiff is incapable of paying the filing fee. Proceedings in forma pauperis are governed by Title 28, U.S. Code, Section 1915.

INJUNCTIVE RELIEF An injunction is an order of a court requiring a person, corporation, or government entity to stop doing something and refrain from doing that thing in the future. In relatively rare cases, the court may issue a "mandatory injunction", compelling a person, company, or governmental unit take affirmative action to do something. Injunctions historically are issued, only "when the remedy at law is inadequate". For example, suppose you own a home surrounded by 100 year old trees and your neighbor claims the trees are on his property and is planning on cutting them down. While the dispute is pending, the court might well issue an injunction preventing the neighbor from cutting down the trees until the matter is heard and completely resolved. Otherwise there could be irreparable harm to the land, money damages could not replace the trees, and the damages you would be entitled to could be speculative. Another example of when an injunction may be issued is in the case of an ongoing course of conduct that violates your rights. For example, assume you own a Web site and another firm keeps on coming back and copying the material on your Web site in violation of copyright notices, no trespass notices, and contractual provisions. A court will issue an injunction to prevent that conduct from recurring. In fact, courts did exactly that to prevent others from improperly using portions of a site published by the creators of FreeAdvice. WHY MIGHT A COURT REFUSE INJUNCTIVE RELIEF? Persons seeking injunctive relief typically have to show some sense of urgency in order for the court to act. If you were aware of circumstances for a while and did nothing about it, the court will be inclined to deny your request for injunctive relief. In another words, if you unreasonably delay in asserting your claim, particularly where the delay has prejudiced the other party, the defense of "laches" is applicable. The period of "laches" may be much shorter than the legal statute of limitations. The court in each case will determine whether the delay was sufficiently long and sufficiently unreasonable for "laches" to be operable. "Unclean hands" is another defense to injunctive and other equitable relief. If you yourself have been guilty of inequitable or wrongful conduct with respect to the particular matter at issue, the court will likely not issue an injunction. The "unclean hands" arises out of the particular matter you are suing on and courts are not suppose to examine your conduct in other matters or question your general character in dealing fairly. (But judges are human.)

--> ARE NOT MOST LAWSUITS ABOUT MONEY?...

This Question --> WHAT IS AN INJUNCTION?... --> WHAT IS THE DIFFERENCE BETWEEN A TEMPORARY RESTRAINING ORDER... --> WHY MIGHT A COURT REFUSE INJUNCTIVE RELIEF?...

Click Here for More Q&As in General Practice / Legal Remedies Related Topics: | Contract Law | Guarantees | Legal Remedies | Lemon Law | Licenses | Suing Being Sued | Traffic Law | For All Legal Topics, Click Here

An Injunctions will be required since the remedy at law is inadequate The State of California, Bureau of Automotive Repair has laws inplace, requiring all shop to regester in order to insure that all consumers will be provided with a written estement and require the consumers to sign this estatement

Related Documents