Legal Question in Real Estate Law in California

my bf broke up with me and forbid me to come get my belongings, i tried calling many times, no answer, went over there w/wo police escort, but since he is not on felony probation there was nothing they could do to make him open, today he informs me. there is nothing to pick up, because he threw it all away. what are my legal rights, and what are the penalties for his actions


Asked on 7/14/12, 11:35 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is a pretty clear case of a tort called "conversion." Conversion is the wrongful exercise of dominion or control over the personal property of another. A person harmed by conversion of his or her property is entitled to damages consisting of (1) the fair value of the property at the time of the conversion or your actual loss resulting from the conversion, plus (2) fair compensation for the time and money spent in pursuit of the property. See Civil Code section 3336. This should be winnable in Small Claims if your claim is for less than $7,500, or in Superior Court if for more. I'd choose Small Claims unless you can prove at least $10,000, because of the extra costs and time delay in going to Superior Court.

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Answered on 7/15/12, 1:04 pm


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