Full question:
HOW CAN I STOP MY BROTHER FROM EVICTING ME, AFTER HE HAS FRAUDULENTLY TRANSFERRED TITLE FROM A SUB-TRUST FOR MY SISTER OVER WHOM WE ARE BOTH CONSERVATORS?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that
(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.
A request for a declaratory judgment may be filed with the court, seeking to have a judicial declaration of the rights of parties involved. A petition for a declaratory judgment asks the court to define the legal relationship between the parties and their rights with respect to the matter before the court. It is used to determine the legal status of a situation, rather than the enforcement of the rights involved.
We suggest you contact a local attorney who can review all the facts and documents involved regarding the fraudulent transfer.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
