The people suing me and by hair salon clai I am creating a nuisance and want to close me down. They want immediate injuvctive relief and a declaration and judgment. What kind of declaration are they asking the court to give them. They are also asking for money and punitive damages?Los An
The declaration being sought will be started in the complaint, specifically in the prayer for relief at the end. You need to consult with an attorney and/or tender this to your liability insurer. It may not be covered, but let your insurer tell you that.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
allow your insurance carrier to take care of this. The declaration they seek will be in the Complaint, specifically in the Prayer for Relief (last paragraph).
Turn it over to your insurance company. If you don't have insurance then you will need to consult a civil defense attorney.
Anyone operating a hair or nail salon should have general liability insurance covering the business and the business's employees and agents. Turn the suit papers over to your insurance carrier and let them handle this. This is why people carry insurance and pay premiums, so they do not need to hassle with these concerns.
If you do not have insurance, you need to make an appointment with a civil defense attorney to review the complaint and assist you with answering it, so a default judgment is not taken against you.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I'm very curious as to what kind of nuisance they think you're generating. But, there's no need to tell me. If you're running a business such as a hair salon, you should have commercial general liability insurance coverage. If you have such insurance, you need to submit the complaint to your insurance carrier to handle. If you don't have insurance, you need to retain a civil defense attorney to defend your business (yes, it will cost money to retain an attorney if you don't have insurance).
You have uniformly received the same advice. What you are asking about the declaration will be in your complaint. If you have business insurance you should turn it over to your carrier. If not then hire an attorney immediately
Of course you should turn this over to your business insurance company for handling. However, you should understand that by Declaratory Relief, what they are seeking essentially is likely an injunction. An injunction is a court order compelling the recipient to do or not to do something. For instance, they may be seeking an order compelling you to close between certain hours, or not to open before a certain hour, or they may be seeking an order comp0elling you not to release noxious fumes in the neighborhood....whatever they are seeking in relief would have to be stated in the complaint. As for punitive damages and other monetary relief, they managed to find a bottom feeding lawyer who thinks that just because he launches the kitchen sink, you are going to be impressed. Turn it over to your insurance carrier and then monitor it carefully. You might be wise to have your own counsel working with your insurer even if they pay for a lawyer to represent you. If you are in business you simply cannot afford to have your rights compromised by your insurance company in the interest of expediency.
The best advice is the advice you've received repeatedly in response to your question: consult a qualified attorney.
If there is a cause of action for declaratory relief in the complaint, it means the plaintiffs have defined a particular unresolved controversy between them and you--in this case, it is presumably whether your hair salon creates a nuisance because of something you are doing or not doing at your business which the plaintiffs claim is unduly affecting them. By seeking declaratory judgment, the plaintiffs are asking the court to declare that they are right (e.g., that your salon does in fact constitute a public or private nuisance) and that you are wrong (e.g., by denying that your salon constitutes a public or private nuisance). A claim for monetary damages means the plaintiffs claim that whatever the nuisance is that your shop is allegedly creating, it has caused injury to person or property. For example, if there are strong chemical smells emanating from your salon and making the people sick in the yogurt shop next door and chasing away their customers, that would be a private nuisance for which they can seek declaratory and injunctive relief (i.e., a court order compelling you to stop using the offending chemical) and monetary damages for the harm and inconvenience they've suffered.
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First, you must tender this lawsuit to your insurance carrier immediately. You will only have 30 days to respond to this Complaint from the date of service. If you fail to respond, then you could have a default and a judgment entered against you and your hair salon.
Second, you need to have a lawyer review the Complaint. The declaration is found near the end of the Complaint in the Prayer, however it is not clear from the facts you provided why they are suing you or what they are basing their claims on.
Good luck to you.
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