Summary
If a party refuses a required face-to-face meeting in a mediation agreement, they may be in violation. You generally cant make a new contract without them, and their absence could lead to a default judgment. Without specified consequences in the agreement, you may need to pursue legal action in civil or small claims court. A lawyer can represent you, negotiate settlements, and seek damages or injunctions. Small claims court typically handles monetary damages, while civil court can issue injunctions. Attorney fees might be recoverable if specified in the contract or allowed by statute. Options to control barking dogs include training or anti-bark devices, with penalties for non-compliance enforced by local authorities. Attorney fees in Sacramento range from $150 to $400 per hour.Full Conversation
We did not put any consequences in the mediation agreement. Do we take her to civil court with a lawyer or small claims? We can't use our backyard or master bedroom because of her barking dogs.
Based on your situation in Sacramento, CA:
- If the mediation agreement doesn't specify remedies, you might need to pursue a legal route.
- Small claims court could be an option if the monetary damage is within your state's limit.
- For issues beyond monetary damage, you might need a lawyer and civil court.
- For the noise issue, consider reporting to local animal control or law enforcement.
What could a lawyer do for us in civil court?
In civil court, a lawyer can:
- Represent you and articulate your case.
- Help negotiate settlements.
- Guide you through court procedures.
- Assist with evidence gathering.
- Provide advice based on your specific situation.
What could the lawyer do for us specifically regarding this case? Could we have her dogs take away? Or impose fines?
In this case, a lawyer could:
- Argue for a breach of contract due to her refusal to attend the agreed face-to-face meeting.
- Seek damages for the nuisance caused by her dogs.
- Advocate for an injunction to stop the noise.
- It's usually up to local authorities to remove dogs or impose fines for noise violations. Please consult a local lawyer for specific advice.
Can we 'Advocate for an injunction to stop the noise' in small claims?
In Sacramento, CA:
- Typically, small claims court is limited to monetary damages.
- Injunctions, which are orders to stop specific actions, are usually handled in civil court.
- Consult a local lawyer for advice specific to your case.
Can we make her pay for our lawyer fees in civil court? Or do we need to get it in writing on the mediation agreement?
In Sacramento, CA:
- You might be able to recover attorney fees in civil court if it's in your contract or if there's a statute allowing it.
- In mediation, it's advisable to include such terms in the agreement.
- Consult a local attorney for specific advice.
What type of injunction could we ask for to stop her barking dogs?
In Sacramento, CA, you could potentially ask for a 'Nuisance Injunction.' This type of injunction could order her to take steps to control the barking. However, obtaining an injunction can be complex, so it would be advisable to consult a local attorney.
What options are there to control the barking? What are the penalties for her not adhering to the order? Who enforce this?
In Sacramento, CA:
- Options to control barking might include training, use of anti-bark devices, or limiting the dogs' access to certain areas.
- Penalties for not adhering to an order may include fines, contempt of court, or other court sanctions.
- Typically, law enforcement or animal control agencies would enforce such orders.
Please consult a local lawyer for specific advice.
What is the ball park cost of a lawyer in Sacramento county to do this?
In Sacramento, CA, attorney fees can greatly vary. On average, they can range from $* to $* per hour. Complex cases requiring more time or specialized knowledge may cost more. It's advisable to consult with multiple attorneys to get a detailed estimate.
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