Legal Question in Intellectual Property in California

I was given a Vespa as a gift last year for my birthday. The title and registration were put in the gift-giver's name. Now she is demanding that I give the Vespa back. Do I have any rights to keep the Vespa?


Asked on 4/22/11, 5:45 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Some people don't know how to give gifts. If it was really a gift, it's yours. But if you can't prove it was a gift, you might have to return it. If you can prove it, take her to small claims court.

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Answered on 4/22/11, 6:51 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A gift, when made and accepted, transfers ownership, and cannot be un-done by the donor changing her mind. In this case, however, you'd have to prove that the donor intended to, and did, make a gift. Keeping title and registration in the donor's name may be evidence of an intention NOT to make a gift. Do you have strong evidence showing a gift, to counter this? Also, regarding the previous answer, I'm not so sure it is within the jurisdiction of a small claims court to give a judgment changing title to a motor vehicle.

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Answered on 4/25/11, 3:05 pm


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