Legal Question in Civil Litigation in California
I have a friend who was evicted from her apartment. She called me frantically asking to store her and her daughter's things temporarily. I said yes. They filled my entire garage it was more than expected. I told her she had a couple of months and it was free and a good will gesture.
The verbal conversations were to her that I am divorced and will be leaving the house and my ex approved them for a few months only. It has been 5 months now and there has been no communication from her as to when she can afford to remove the items out of my ex husband's garage and it is his house now. I told her she could have until Nove 30th but her daughter was lying to me and to make a long story short I would like to give them until the 25 now can I throw away their things if they fail to pick them up after midnight on the 30th as I have witnesses as to the date set ?
I don't want to be sued but I am being used and they cant pay for anything not even a storage unit and they have had 5 months. I told her that If I could afford to help her financially get storage I would, I called and told her daughter last week I wont have the finances to help and be prepared by the 20th to make an appt with me to when you will come over and get the stuff. I spoke with my friend last night and she still has no money but is aware I will dispose of it all on Dec 1st.
So, can I bump the time up or no and on Dec 1st would I be sued if I dispose of the stuff ?
1 Answer from Attorneys
Might I suggest that you have her take pictures of the stuff and sell them on Craigslist, or even better, conduct a garage sale between now and Dec. 1, so she can make a few bucks.
I would put it in writing that the deal was for only one month, it has been 4 months, she has been unable to find storage and that she has given you permission to dispose of her belongings if she has not picked them up by December 1, 2010. I would send that confirming letter to her today. You might want to suggest that if she wants to have a garage sale out of your garage this weekend in order to sell her property, that would be acceptable to you.
It will not stop her from suing you; no good deed goes unpunished. However, such a confirming letter may stop her from winning if she decides to sue.
Good luck!
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