Kinsey Law Offices 
Complaint To Enjoin A Nuisance
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    (Name, Address Of Party or attorney)
    ____________
    ____________
    ____________
    State Bar No: ______
    (____) _____ - ________
    Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

[PLAINTIFF(S) NAMES]
Plaintiffs,

 

v.
 
[DEFENDANT(S) NAMES]
Defendants
 
 
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CASE NO: _______
 
COMPLAINT FOR DAMAGES FOR NUISANCE AND FOR PRELIMINARY AND PERMINENT INJUNCTION
(Nuisance)

Plaintiff complains and for causes of action alleges as follows:

1. At all times mentioned in this complaint, plaintiff,
__________ [name], was the __________ [owner or possessor or
occupant or as the case may be] of certain real property
situated at __________ [address], __________ [city], __________
County, California, which is described as follows: __________
[insert legal description of plaintiff's property].

2. At all times mentioned in this complaint, defendants,
__________ [names], were the __________ [owners or possessors or
occupants or as the case may be] of other real property situated
at __________ [address], __________ [city], __________ County,
California, which property is __________ [contiguous to or
adjacent to or in the vicinity of] plaintiff's property
described in paragraph 1 of this complaint, and which is
described as follows: __________ [insert legal description of
defendants' property].

3. Plaintiff does not know the true names of defendants
DOES 1 through __, inclusive, and therefore sues them by those
fictitious names. __________ [Optionally, in addition to
language in charging allegations that includes fictitiously
named defendants: Plaintiff is informed and believes, and on
the basis of that information and belief alleges, that each of
those defendants was in some manner intentionally, negligently,
recklessly, or as the result of an extrahazardous activity, the
proximate cause of the events, happenings, and occurrences
alleged in this complaint that resulted in damage and injury to
the plaintiff.]


4. Plaintiff is informed and believes, and on the basis of
this information and belief alleges, that at all times mentioned
in this complaint, defendants were the agents and employees of
their codefendants, and in doing the things alleged in this
complaint were acting within the course and scope of such agency
and employment.

5. Commencing on or about __________ [date], defendants
__________ [allege in detail facts indicating condition on or
use of defendants' property that constituted a nuisance, such
as: and their invitees engaged in and promoted rehearsals,
between the hours of midnight and 6 a.m., of the heavy metal
music group __________ (name), which rehearsals featured
electrically amplified guitars, organs, drums, and human and
animal voices, as well as excessively boisterous yelling,
whistling, clapping, and foot-stomping noises].

6. Defendants' use and maintenance of the property, as
described in paragraph 5, constitutes a nuisance under Civil
Code section 3479. It is injurious to plaintiff's health and
offensive to plaintiff's senses, so as to obstruct the free use
of plaintiff's property, and interferes with plaintiff's
comfortable enjoyment of life.

7. On or about __________ [date], plaintiff gave notice to
defendants __________ [names] to abate the nuisance by
__________ [sending to each such defendant by certified mail
return receipt requested a letter requesting the abatement of
the nuisance], but defendants, and each of them, have failed to
reply to the letter or to abate the nuisance. Copies of these
letters are attached as Exhibits __ through __ and are
incorporated by reference.

[Select one or more of the following, as appropriate]

[EITHER]

8. As a proximate result of the nuisance created and
maintained by defendants, as described in paragraph 5, plaintiff
has been damaged in the amount of $__ __________ [specify
elements of damage, such as: representing the cost of
installation of sound-proofing material to plaintiff's
property].

[AND/OR]

8. Plaintiff's property has been diminished in value as a
__________ [further and] proximate result of the nuisance
created by defendants in the amount of $__. Unless the nuisance
created by defendants is abated, plaintiff's property will
continue to diminish in value.

[AND/OR]

8. As a __________ [further and] proximate result of the
nuisance created by the defendants, plaintiff has suffered
extreme mental anguish and had to be placed under the care of a
physician. __________ [Describe any physical manifestations of
plaintiff's mental suffering.] Accordingly, plaintiff has
suffered general damages in an amount to be determined by proof
at trial.

[AND/OR]

8. As a __________ [further and] proximate result of the
nuisance created by the defendants, plaintiff was required to
obtain medical services and treatment in an amount to be
determined by proof at trial __________ [if applicable, add:
and will, in the future, be compelled to incur additional
obligations for medical treatment in an amount to be determined
by proof at trial]. __________ [Add, if applicable: Plaintiff
is informed and believes, and on the basis of this information
and belief alleges that __________ (he or she) has suffered
permanent hearing loss as a proximate result of the nuisance
created by defendants.]

[AND/OR]

8. As a __________ [further and] proximate result of the
nuisance created by the defendants, plaintiff's past and present
earning capacity has been impaired in an amount to be determined
by proof at trial.

9. Plaintiff is informed and believes, and on the basis of
this information and belief alleges, that unless restrained or
enjoined by order of this court, defendants will continue to
engage in and promote the activity constituting the nuisance
described in paragraph 5. Such conduct will result in
irreparable harm to plaintiff, in that __________ [describe
irreparable nature of injury, for example plaintiff's hearing
will continue to be damaged]. The threat of such irreparable
and permanent damage justifies the issuance by this court of an
injunction, as well as an award of money damages, as expressly
authorized in Code of Civil Procedure sections 526 and 731.

10. Plaintiff has no adequate remedy at law for the
injuries which plaintiff has suffered and will continue to
suffer in the future.

11. __________ [If appropriate, allege facts indicating
fraud, malice, or oppression to provide basis for recovery of
punitive damages.]

Wherefore, plaintiff requests judgment against defendants,
and each of them, for the following:

1. A __________ [preliminary and] permanent injunction
enjoining defendants from __________ [state conduct to be
enjoined with sufficient specificity for injunction to issue];

2. General damages __________ [in the amount of $__ or
according to proof];

3. __________ [Specify special damages, if any;]

4. __________ [If appropriate, add: Punitive damages;]

5. Costs of suit; and

6. Any other and further relief that the court considers
proper.

 

 DATED: _______________  __________________________________________
   (Signature)

VERIFICATION

I, ___, am a ___in the above-entitled action. I have read the foregoing ___and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Long Beach, California.

 

 

DATED: _________________ ___________________________________

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