Legal Question in Business Law in California

Re: ''Art on Hold''

Howdy:

Are you renting the paintings to the office? Or, are you positioning them as advertising?

Either way, you're entitled to rent ... or, more rent ... for the extra time. If you were to sue them over this, you'd want to sue them for the tort of conversion. Under that theory, you'd be entitled to the reasonable market price for the paintings; and, with art, that can be very subjective!

Have you visited the office? I'd go by and make sure the paintings are still there. Go unannounced. And, while you're there, you may be able to just pick them up.

If the contract specified that the paintings were to be placed for only a certain period, and that period is up, you could bo and just pick them up, anyway. Then, send them a claim for additional rent.

Good luck.

rkr

Re: ''Art on Hold''

A demand letter should be written. Then a lawsuit based upon the value of the paintings. We may even be able to file a claim and delivery action or prejudgument proceeding. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

Re: ''Art on Hold''

Ultimately you could sue for their value or return. Contact a local attorney if you need help.

Re: ''Art on Hold''

You do have viable claims against the real estate company, but not for negligence as you say. Instead, your claims are for breach of contract and replevin.

Replevin is an old-fashioned term which basically means recovery of personal property someone else is wrongfully holding. If the company still has your paintings then this is what you want.

Mr. Restivo suggests a claim for conversion, but that would only be appropriate if you somehow could not recover the paintings (for example, if they were lost, altered or destroyed by the company). The two types of action are very similar, but suing for replevin is appropriate when you can get the property back and suing for conversion is appropriate when you cannot. If you do not know whether the paintings are recoverable, then you should make both claims.

Additionally, as Mr. Rothman noted, it is often possible in a replevin case to get a court order allowing you to reclaim and hold the disputed property while the case is pending.

Good luck.