Legal Question in Real Estate Law in California

My ex-boyfriend has been storing some of my posessions in his house (television, paintings, musical instruments, small furniture items, etc). Now I want them back and he says that I must first talk to him privately before he will let me have them. Not that I think that it should matter, but I think that he wants to use this "conversation" as a last-ditch effort to get back together, which I am not interested in. I prefer not to have this private conversation and just feel that he is trying to control me.

What area of law does this fall under (extortion?)?

What should I do about it?


Asked on 1/13/10, 2:31 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The police are not likely to do anything about it unless you live in a small city with very little crime. He is guilty of conversion.

You do not tell us enough about either of you to know what the better suggestions might be. If he is not violent, not likely to prevent you from leaving when you insist, tell him before hand that you will meet with him but only after you have loaded you car with your possessions. Then have the private discussion with him but arrange beforehand that a friend, better male and strong looking, on cell phone standby a few minutes away. If while you are loading the car he starts to act as though he will cause problems, leave right after everything is loaded.

At some point, think a while as to why you put yourself and him in this position. It is harder for men to get over a relationship that matters to them then women. If you leave your possessions with an ex-boyfriend why would he not expect to get something for the inconvenience.

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Answered on 1/18/10, 2:57 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I like Mr. Shers' answer; its a wise plan. The request for a meeting resembles extortion, but I don't think it rises to that level.

The tort of "conversion" is sort of a civil-suit analog of "theft" in criminal law, as "wrongful death" is sort of a civil analog for homicide in criminal law. To commit conversion, defendant must only have unlawfully exerted dominion over the plaintiff's personal property in a meaningful way and over a significant time (otherwise, the wrongful exercise of dominion may be only a trespass). Damages for conversion are money damages equal to the highest value of the detained property during the detention period, and may include the value of use during that time (Civil Code section 3336 and 3337).

There is also a cause of action to recover personal property that is more appropriate if you just want the stuff back, not money damages for its loss. In older times, it was called "replevin" or sometimes "detinue" and more recently (but technically, incorrectly) "claim and delivery," and I think the cause of action properly ought to be called "recovery of personal property" but any of the foregoing can be used to research it or to discuss with a lawyer.

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Answered on 1/18/10, 3:35 pm
Melvin C. Belli The Belli Law Firm

I agree with my two esteemed colleagues. The essential problem is that he has possession right or wrong so unless he gives the stuff back then you will unfortunately have to sue him.

Good luck.

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Answered on 1/18/10, 3:44 pm


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