Legal Question in Business Law in California

Conversion, fraud or theft? Civil or small claims?

I hired a shipper located in California to export a vehicle from there to Finland. He 'mistakenly' mixed up the paperwork (=scam) and the vehicle was picked up by an individual I had not authorized, who then resold the car to someone else. He admits to the mix up and continously promises to pay me the money for the vehicle that was 'mixed up' (=stolen), but never does. I've already tried to talk with him, but with no avail and I am tired of waiting. Taking it to small claims is not enough to get my money (7500 max. cap), should I look to civil court? Where can I look to find a 'young'/cheaper attorney as the amount is under 25000? What do I claim? Any advice is appreciated.


Asked on 6/04/08, 9:10 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Conversion, fraud or theft? Civil or small claims?

Sue him for fraud and breach of agreement. Use an attorney that knows what he is doing. Looking for 'cheap' is always unwise; try for 'reasonable'. Feel free to contact if you get serious about doing so, and the case is in SoCal courts.

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Answered on 6/04/08, 2:52 pm
Joshua Hale Hale Law Group

Re: Conversion, fraud or theft? Civil or small claims?

Please give my office a call, I might be able to help you.

JDH

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Answered on 6/04/08, 11:26 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Conversion, fraud or theft? Civil or small claims?

In California civil cases, it is permissible (and common) to plead alternative, even inconsistent theories. In your case, I would allege breach of contract, negligence, fraud and conversion in separate "causes of action" (or "counts"). Theft won't work, since that is a crime and can only be charged by the People (of the State of California), through a prosecutor (district attorney, usually).

It would be helpful to know what county would be appropriate for filing and maintaining the lawsuit. A lawyer in considering whether to take your case would want to know if the proper court is next door or 500 miles away.

If the case could be filed in a San Francisco Bay Area county, I would be interested in learning more about what happened and giving you a proposal. I have a few cases in Southern California, but travel is getting too expensive and I don't want any more small ones down there.

Please contact me with a few particulars, preferably by email, and I'll give you a quote if I think I can handle the matter cost-effectively.

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Answered on 6/04/08, 12:07 pm


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