Legal Question in Business Law in California

Personal Property Loss

U-Haul sold at Auction my property, valued over 80K, without notifying me. Different consideration as was not in lease agreement. The rental truck itself was reported stolen, u-haul reclaimed it, along with the entire contents of my house,..had it stored for me while under investigation/payment for truck rental fees.


Asked on 5/31/07, 5:02 am

5 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Personal Property Loss

The facts given suggest a possible cause of action (ground for lawsuit) for the tort of "conversion," which is the civil equivalent of theft. It appears that the renter of the truck had sufficient information to identify the owner of the contents of the truck and return the goods. Whether you were in arrears on paying for the rental will be an issue but I don't think it's controlling. A lawyer assessing your chances of winning would need copies of all rental agreements, police reports, correspondence and notices between the rental firm and yourself, and evidence of the value you claim for the truck contents, as well as a full and detailed narrative and time line.

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Answered on 5/31/07, 11:12 am
Terry A. Nelson Nelson & Lawless

Re: Personal Property Loss

IF they followed all the laws and rules, you're out of luck, and will only get the excess over their charges returned to you from the sale, if any. If they didn't, you have a claim and lawsuit against them. It only takes a little error to make them liable.

Get together all the documents and facts, demand copies from U-Haul of everything related to your rental and the sale, you're entitled to them. Feel free to contact me to discuss the facts once you're ready; I'll be happy to help you if there are grounds for suit.

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Answered on 5/31/07, 2:26 pm
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: Personal Property Loss

Mr. Whipple and Mr. Nelson are correct. If you would like to speak with an attorney in San Diego, I am located downtown.

I would be willing to discuss your case to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Member, National Association of Consumer Advocates

www.naca.net

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Answered on 5/31/07, 3:44 pm
Gregg Gittler GITTLER & BRADFORD

Re: Personal Property Loss

This is a straightforward matter. You are entitled to the reasonable value of your stuff that U-haul sold, less what you owe them (which in itself may be subject to dispute).

We are in the West Los Angeles area. You should retain an attorney that is located convenient to you to pursue this claim.

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Answered on 5/31/07, 3:48 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Personal Property Loss

There are notice requirements to lawfully gain title. Absent proper 30 day notice U Haul is liable for your loss. Contact me directly.

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Answered on 5/31/07, 5:19 pm


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