Legal Question in Real Estate Law in California

Re: Retrieval of Personal Belongings

You can certainly try. Unfortunately, there is a big gap between what the law says, and what police will often do. In many instances like yours, the police would like to see a court-order requiring him to turn over possessions before they will force him to do so. Otherwise, they become the arbiters of who is right and who is wrong - a position better reserved to the courts. I'd suggest going to Small Claims is the best chance you have at getting the relief you seek, or even going to Superior Court for an injunction requiring him to turn the items over - a police officer will have little choice but to enforce an order such as that. The Small Claims Court doesn't have the power to issue injunctive relief. Good luck - its a tough situation with no real easy answers.

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Re: Retrieval of Personal Belongings

Reply of the Mr. David Gibb is realistic. Police cannot decide the right or wrong but only Court. Polce has to act in accordance to whatever Courts orders. You must go to Court to prove your case, then Police will help you.