Quiet title

[NotCranky]

Sorry I can’t give all the details. I am glad we can pretty much confirm what I thought about quiet title being BS. Thanks.

The prescriptive easement was never perfected. It only over part of my total easement road. About 1/3. The people built the original road over 45 years ago. Why they didn’t fight it I don’t know. Their property has another undeveloped easement by grant deed so they may be happy to sell that way. Either way, I feel what he did to them is low. Really low.

I am not sure the guy will respond to the letter, or that I will be protected by law cutting down the fence. I know the sheriff won’t do anything but the courts don’t like “self help” right? That’s where I don’t want to come down to his level and would rather have a judge’s authority. So, I may have to sue him for assault, interference with an easement , and maybe a few other COA’s. I actually mailed him a letter demanding he work with me to a mutually agreeable fix on the road . I sent that certified mail and still have the receipts stating non pick up to go with the original letter and a some legal definitions of easement rights from Miller and Star that I sent. I have a huge file of photos , videos, letters, text grabs, I’ll put copies of that in this little package for him. I really think he is too delusional to get it though.

The expense with repairing the road is not big. I am not too worried about that. The cost will be buried in the improvements I make. I just need him to stay out of the way. The cost of tearing down the fence could be billable and as long as I went to small claims court I could claim part of the cost for getting the road back to where it was, I guess. The fence would only take about 10 minutes to demo.

The sheriff will not move vehicles in a private easement and a tow company won’t do it without their approval. I asked , and they did say I could take him down and arrest him as long as I didn’t really plan it, but was just trying to go about my business. You can imagine that idea is a little uncomfortable. But it’s not out of the question,

How do Declatory Relief and Prelimanry and Permanent Injunction come into a situation like this? Those COA”S were also recommended.

[Hobie]

Got it. Suing him for interfering with the easement will give you more tools you need.

The injunction is something that happens after a trial and with that the sheriff can have his stuff towed, arrested, etc. as he violated an injunction (court order to not do something. ie don’t mess with the road.) Same with dec relief, it just spells out court order. And cops can act on that.

I’m guessing the quiet title business is a play to keep the court from modifying the easement and giving it back to jerk. I still don’t think this is probable or necessary and just runs the meter.

The court may just issue a summary judgement based on all of your evidence. What are the defenses that could be used by the jerk? Probably not many.
———
So back to your original question – how to instruct the atty.

1. Send cease and desist letter by atty I mentioned previously. Probably won’t do anything but it lets court know you have made every effort.
2. Sue for the interference of easement. I would include all other people who use that road.
3. Stay on sheriff for enforcement.

Good Luck !! Keep us posted.

[NotCranky]

Things are getting very clear now , Thanks for sticking with it,

So, If I go for punitive damages he might be forced to fight and then at least that part probably would not have hope at be finished with summary judgement ….or maybe it would make him want to settle?

I have never sued anyone but this guy really is making me want to.

I bought the Nolo book for self representation and another about pro per too, I think Nolo advises not to DIY other than in cases for money only. That is, if you want to force someone to behave a certain way get lawyer( after all else fails). Is that about right, forget about DIY for these kind of COA’?.

Again I swear I am taking none of this as legal counsel just info about courts and trials.

[Hobie]

Again, guessing, .. any damages awarded will be very hard to collect from this guy. With that in mind, do you have and real damages short of the access to the road? Like $100k documented medical bills. Punitive is expensive to litigate and I doubt applicable in this situation.

So,if you don’t have any major damages and just want to spank him using the punitive argument I would regroup and just go for the court order for him to stop blocking your road. That’s it.

Going pro-per sounds like an option with all of your evidence. I would pay 1-2 hr atty consult for strategy.

Ask atty for estimate to prepare this for trial with hopes of summery judgement prior to full trial. No discovery, title searches, etc. Just more knowledge for you at this point.

But first, I would pay for the final demand letter on atty letterhead before doing anything else.

[NotCranky]

[quote=Hobie]Again, guessing, .. any damages awarded will be very hard to collect from this guy. With that in mind, do you have and real damages short of the access to the road? Like $100k documented medical bills. Punitive is expensive to litigate and I doubt applicable in this situation.

So,if you don’t have any major damages and just want to spank him using the punitive argument I would regroup and just go for the court order for him to stop blocking your road. That’s it.

Going pro-per sounds like an option with all of your evidence. I would pay 1-2 hr atty consult for strategy.

Ask atty for estimate to prepare this for trial with hopes of summery judgement prior to full trial. No discovery, title searches, etc. Just more knowledge for you at this point.

But first, I would pay for the final demand letter on atty letterhead before doing anything else.[/quote]

All sounds good!. Did you see the PM”s. I didn’t think the first one went through and sent a similar second one.

I am doing a draft of the cease and desist letter now. I did write a letter once before in a case of attempted breach of contract, the lawyer cleaned it up and it was very successful.

[NotCranky]

I also think of just posting one piece of evidence on his precious fence each day!
The way he stalks and protects that easement, it would be great fun! Draw “Cut here” with a sharpie on his fence.

[bearishgurl]

If Mr. Wacko doesn’t respond to anything (attorney letter and/or complaint) and continues with the status quo (likely) he is still entitled, by law, to an evidentiary hearing. That means Russ will have to argue his case before the court (whether or not Mr. Wacko even shows up) in order to obtain his default judgment. The problem he has in pro per is that he cannot put himself on the stand and examine himself and vice versa with Mr Wacko. However, they can cross examine each other and/or each other’s witnesses. If Mr. Wacko decides to get an attorney prior to the evidentiary hearing and shows up with one, I feel it could be hard on Russ to be in pro per. This is because introducing evidence (witnesses and/or exhibits) can be “tricky.” Especially exhibits. I feel some of the skirmishes the OP described here may very well be inadmissible if his opponent is able to successfully object to them.

I wouldn’t count on being able to settle this type of dispute by summary judgment. To do that, you would likely need the explicit (procedural) cooperation by your opponent whom you say currently doesn’t have an attorney.

I would advise Russ NOT to draft his own complaint for a Quiet Title action using a Nolo book as a guide. It would be far preferable in his case to get an attorney to draft it (and his lis pendens) so as to leave it open for him to obtain an early preliminary injunction while the case is pending … which could take awhile, IMO. Even if he only has a Limited Scope Representation agreement with him/her . . . for now.

[scaredyclassic]

Costco sells a cool dash mounted video that records everything while driving. I’d get that.

People can truly suck.

I don’t feel comfortable advising.

My guess is in court he’s gonna not impress any judge on any easement related hearing. He sounds like a major douche. That’s not a technical legal term but I suspect even the dimmest judge maybe able to sniff out his douchiness in a minute or two…

He won’t be able to stay with a lawyer of his own who isn’t a raging stupid douche either, I bet. He will fire anyone remotely reasonable. Sometimes I think there’s a whole subspecialty of lawyers who make a living simply from being extra douchelike.

[Hobie]

PM received.

[NotCranky]

[quote=Hobie]PM received.[/quote]
Cool,

BG, I think the judge could rule ex-parte, It seems like the sensible thing to do , especially if I keep it just to the easement interference.

Also , if he does get a non-douche lawyer it will settle fast.

Not saying it isn’t over my head though.

One thing I haven’t mentioned in the thread or the PM’s is that he is also used fraud to try to convince me that I couldn’t work in the easement. Not sure the court would see it as full on fraud, but he has falsified information as if it came from County,State and Federal departments. So far those Departments don’t want to pursue it, but it is not over. The Judge will definitely see right through him based on all of this. I have had to go to Dept after Dept to debunk his lies. Lots of records. Next thing he will say NASA doesn’t want me to work there and it will come with some kind of threat , obstruction or attack.

Hobie, back to the DA. Do you still suggest that as a route to take?

[bearishgurl]

[quote=Blogstar] . . . BG, I think the judge could rule ex-parte, It seems like the sensible thing to do , especially if I keep it just to the easement interference . . . [/quote]Russ, are you saying here that you are considering NOT pursuing a Quiet Title action?

[NotCranky]

[quote=bearishgurl][quote=Blogstar] . . . BG, I think the judge could rule ex-parte, It seems like the sensible thing to do , especially if I keep it just to the easement interference . . . [/quote]Russ, are you saying here that you are considering NOT pursuing a Quiet Title action?[/quote]

Considering everything. I am not sure it’t needed though less sure it isn’t.
If He settles, can the quiet title easily be dropped? You are saying the quiet title pulls in a lot of protocol? Not crazy about that with such a tight deed and title insurance.

[bearishgurl]

[quote=Blogstar][quote=bearishgurl][quote=Blogstar] . . . BG, I think the judge could rule ex-parte, It seems like the sensible thing to do , especially if I keep it just to the easement interference . . . [/quote]Russ, are you saying here that you are considering NOT pursuing a Quiet Title action?[/quote]

Considering everything. I am not sure it’t needed though less sure it isn’t.
If He settles, can the quiet title easily be dropped? You are saying the quiet title pulls in a lot of protocol? Not crazy about that with such a tight deed and title insurance.[/quote]I think I posted before that in this case, I feel you should pay for a 1-2 hr consultation with a qualified RE attorney where you bring ALL your papers and other “evidence” in (+ preferably a way to listen to audio and watch videos) to determine what your causes of action should be, if any. Since you are paying the attorney for his time and expertise, he’s not likely going to be trying to “sell himself” into representing you during your two hours.

You need a few answers to thorny legal issues which the Piggs (or any stranger) can’t properly give you before moving forward.

[bearishgurl]

Russ, the first paper fee at a CA Superior Court is now $435 ($370 for Limited Civil):

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1057199&_dad=portal&_schema=PORTAL

You can likely speak to a qualified RE attorney for TWO HOURS for ~$500. Before throwing good money after bad, I would do that if I were you. Once mistakes are made on your COA’s (either in the wording or you want to add/subtract one or more after filing), there is more “protocol” to follow to fix them. And very often, they cannot be fixed causing you to be SOL.

[Hobie]

[quote=Blogstar] he is also used fraud to try to convince me that I couldn’t work in the easement. Not sure the court would see it as full on fraud, but he has falsified information as if it came from County,State and Federal departments.[/quote]

I would think your atty would have some fun with falsified docs. This all speaks to the jerks character.

[Author]

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