Legal Question in Family Law in California

Im originally from California. My parents still live there. When I was 18 I entered the Army. I was in Europe for a while, visited home frequently, got married and returned stateside for other assignments. My Mother then decided to move and instead of notifying me to give me the things I left behind, my Mother decided to get rid of all my belongings without my concent, she got rid of all my personal belongings, things she never bought or paid for, gifts from family members ect...she even disposed of my HS Diploma. I consistanly asked for these items and was told they were packed up at the new house and they would eventually get to them. This never happened. I was recently told that there is nothing at their new home that belongs to me.I DID NOT ABANDON THESE ITEMS, I was under the impression they were under safe keeping. What are my legal rights and what legal wrongdoing did she execute?

Thank you for your time.


Asked on 9/30/09, 2:41 pm

1 Answer from Attorneys

In technical legal terms you and your mother had a "gratuitous bailment" of your personal property, in which you were the bailor and she the bailee. A gratuitous bailee is only liable for loss of or damage to the property if she is grossly negligent or intentionally destroys or damages the property. A gratuitous bailee can be relieved of the bailment and dispose of the property if they give notice to the bailor.

It sounds like she did not comply with her duties as a bailee, and could be liable for the value of the property destroyed or disposed of.

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Answered on 9/30/09, 8:04 pm


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