Legal Question in Business Law in California

Re: Possession of assets

Let me �benchmark� off Mr. Whipple�s comments and add my two cents. If you decide that replevin (AKA action for recovery of personal property) is the remedy you want to pursue, be sure that you and your attorney also consider the provisional remedy of claim and delivery. Claim and delivery is a prejudgment remedy under which the court might issue a Writ of Possession in your favor before final judgment in the matter.

There are two downsides to claim and delivery: 1) the court will require an undertaking (usually handled by a surety bond) equal to 2 times the value of the vendor�s interest in the property, and 2) if the vendor wins, you may be stuck paying damages he proves he suffered from lost use of the property. However, if the molds are useful only for making your product, the vendor�s potential damages may be negligible at best.

Be sure that counsel you chose for this matter has a proven track-record with pre-judgment remedies such as claim and delivery.

Best of luck, and don�t hesitate to contact me with further questions.

Now the inevitable caveat: The foregoing information is provided as an accommodation only, and does not constitute a legal opinion based on comprehensive analysis of all facts, relevant documents and legal authority. Provision of the foregoing information may not be construed as creating any attorney-client relationship.

Re: Possession of assets

You could call the police but they will probably just say it is a civil matter. You could then sue them. If you lost profits from using the molds that could be part of your damages.

If the value is less than $5,000 you may be able to do this in small claims court.

Joel Selik

Re: Possession of assets

For specikc items that belong to you, we can file a lawsuit and try to obtain a writ of poseession for the molds. Please contact our office at 714 363 0220. Most likely he will file a counter suit against you.

Re: Possession of assets

There are at least two theories you can pursue in a lawsuit or threat of lawsuit. The first that comes to mind is 'conversion' which is a tort (civil action) that parallels the crime of theft. The plaintiff must plead and prove that the defendant, without right, exerted dominion over the property of plaintiff, in defiance of plaintiff's rights and to plaintiff's detriment. You can then recover the full value of the molds, with interest, and perhaps other damages.

The other suitable action is "replevin." You can probably find a full description on line. Basically, it is a suit to recover possession of property belonging to you that is in the possession of another.

My guess is that replevin is more suitable if you just want the molds back, and conversion is more useful if you want money damages.

Threatening one or the other or both via a letter from your attorney might get results without the necessity of actually filing suit. Or, if you have to file suit, you may get a settlement well before trial.

Re: Possession of assets

Mr. Selik is right, the police might not be very helpful. However, it's worth a shot. If you call the police, they should at least speak to the other party. If the other party admits that the molds belong to you, an officer should get them back.

Be sure that you explain that there is no dispute as to ownership. They are your molds and the idiots refuse to return them.

When cops feel it's a complicated situation, they prefer to walk away and have you sue each other.