Legal Question in Real Estate Law in California

My girlfriend is having some issues with her ex. He is constantly calling/texting her, making threats, begging her to come sleep with him, and severely mentally abusing her. She is very afraid of him considering that he hit her when they were together. The main case is that he is not letting himself out of her life. When they ended their relationship, he continued to pay for her cellphone, so she kept it of course, but this was one of the ways her ex would have ahold of her life. A few months ago she wrecked her car as well. Her ex owed her $4000 dollars because when they were together they bought a house together and this is how much she put down of the house, if not more, this is also not including $1500 of which he owes her for a trip she paid for him to go in Alaska, when he agreed to pay her back. So in return for the money he owed, he gave her a truck, which was not worth the money he owed but still, she accepted due to her time in need for transportation to get to work. They agreed that they would later meet, where she would sign over the house completely to him, and he would sign the truck over to her. Since he found out that she and I were together, now he refuses to comply, as well as he threatened to report the truck in as stolen, when clearly he temporarily let her borrow it until he signed it over to her. Also of course, with more mental abuse. To make it so he could not contact her anymore, only so she could contact him to get finish the deal, she recently just bought a new phone and turned off her old one. In anger this morning, her ex went and stole the truck right out of her work parking lot. She was forced to walk a long distance to her grandfathers ranch. What should we do? She has already tried a restraining order but he doesn't seem to care about that either. This is a good case to take to court, right? If so, what would be the costs? We both don't make very much money at all.


Asked on 11/10/09, 5:51 pm

1 Answer from Attorneys

Melvin C. Belli The Belli Law Firm

Good luck and hope this helps and feel free to give me a call. If she has a restraining order in place she should file a copy with eh local police and always keep a file endorsed copy with her at all times. If he is a problem call the cops they come if they don't have the order she has her copy and off he goers.

Good move with the phone finally. Should have done that sooner.

The next question is it worth the $5500 to go after him? She could sue him for the money for the trip and house but is it worth the grief and aggravation? Most attorneys will want money to take a case like this so you could spend as much as you receive if you are able to collect it. As fo the car thing it is just a verbal agreement that is worth the paper it is written on because he could deny the while thing in court unless there were witnesses but then again you have to ask yourself is it worth it.

This is practical advise not just a legal opinion.

Hope this helps and good luck to you.

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Answered on 11/19/09, 2:11 am


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