Legal Question in Business Law in California

i have both personal property and assests owned by my company at a residetial addrress in california. after near 100 calls and texts (supenaing phone records) I have had no responce after showing up with athe sheffiff i was still not allowed to pick up over 200k of exotic wood i have needed since nov. what i i woe is not near that value and was told that personal may be held but this is company and my only sorce of income and was told that i have the right to that or that he can't keep me from picking that up, is this true?


Asked on 3/26/13, 6:46 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are (at least) two legal theories under which you can go to court to recover your property, or its value in money: lawsuits for "claim and delivery" and/or for "conversion."

Claim and delivery asserts that you are the rightful owner of personal property that is in the possession, custody or control of another, who refuses to surrender it. The benefits of a claim and delivery action are that you may be able to get a court order granting you possession before trial; the downside is that you'll probably have to post a bond in case it turns out, after trial, that you weren't entitled to the property. See Code of Civil Procedure sections 511.010 et seq.

Conversion asserts that someone has wrongfullyly asserted control over property that you owned, and that now you'd rather have the dollar value of the property than get the property back. Most of the law on conversion is judge-made case law, but the damages for conversion are set forth in Civil Code section 3336 (full value of the property).

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Answered on 3/26/13, 3:36 pm


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