Legal Question in Business Law in California

Who owns the ''stuff''?

I have managed a swimming pool complex through two owners. THe first held the facility for ten years and then 'turned over title' to the second owner.

All ''loose property purchased or 'owned' by the first owner was offered for sale in addition to the actual physical property. Such items as furniture, portable equipment, etc. The new owner declined. As on site manager I asked for anything the first owner did not want to keep. I was given basically everything he did not take, and which was not a 'listed' permanant part of the physical structure deeded to the new owner.

Recently I was fired. I also offered to sell most of the remaining ''stuff'' to the second owner. They purchased about $10,000 in equipment, and furniture given to me as ''left overs'' when they deeded the property.

When I left, I took items that I had not offered 'for sale' to the second owner. Some artwork, an old lifeguard chair, an old barbecue, and the drawings and plans for the facility.

The second owner 'signed off' as having received all. And now says I must surrender the plans and blueprints or face a law suit.

I believe the plans belong to me as part of the ''stuff'' left,since they declined the first deal offered.

Who owns the ''Stuff''


Asked on 12/31/06, 4:24 am

2 Answers from Attorneys
Thomas Rotert

Re: Who owns the ''stuff''?

You provide a lot of good facts. For your side of the argument, I don't like the fact that the second owner "signed off" as having received it in the sale, but wonder exactly what you mean by "signed off." Does this mean that the lifeguard chair, barbeque etc., were listed in the escrow papers or in the statutory disclosure forms?

It seems to me, though, that you might be in jeopardy of suffering the pain in the butt of a law suit regardless of whether or not I were ever able to give you assurances that the law is on your side and every judge and jury would apply your version of the facts to the appropriate law.

I think the question you need to be considering is not whether you own the stuff in the eyes of the law, but how much trouble your continued possession of it is worth to you. Although I might convince you of your legal position, it will always be someone else advising the new owners, and they may sue you over blue prints based upon bad advice.

Consider alternative solutions to fighting over who owns it. Maybe the engineering firm or archetects that drew the plans still have electronic or hard copies that you could obtain with a little explanation, sweet talk, and proof that you have the originals.

Hope this helps, and let me know if you have additional questions or information you feel is releant.

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Answered on 12/31/06, 6:20 am
Terry A. Nelson Nelson & Lawless

Re: Who owns the ''stuff''?

It doesn't matter what your opinion, or mine, is if the other side disagrees. If the two of you can't work out an answer and resolution to the issue, then a judge or jury is going to. If you need legal representation in doing so, feel free to contact me.

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Answered on 1/01/07, 8:00 pm


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