Legal Question in Credit and Debt Law in California
Taking back a gift and giving it to someone else
When my girlfriend was living with her grandmother (she was over 18), the grandmother gave her a computer system for a graduation present. I gave her a couple other computer peripherals later. The grandmother restricted her use on the computer, so my girlfriend gave her $1500 based on a (verbal) agreement that she would stop restricting her use. She did not stop. When my girlfriend moved out, the grandmother gave the entire computer system (including what I had bought) to someone else before we could get it. We just want the computer back, and the $1500 if possible. Do we have a case at all?
1 Answer from Attorneys
Re: Taking back a gift and giving it to someone else
Your girlfriend has a right to get the computer if it was a gift. She may get the $1500 if she can prove that the restrictions on the computer came after the gift was made. If there were strings attached to the use of the computer at the time of the gift, those strings are valid. G-ma did not have the right to give the computer to someone else, since she already gave it once.
BUT does your girlfriend want the grief that comes from suing a family member? The computer will soon be out of date, if not already, but the lawsuit against G-ma will haunt her for many years. It may be wise to just chalk this up to experience.....
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