Legal Question in Civil Litigation in California
Gifts & Household Items
Last year I was given a bunch of household and furniture related items like a couch and a lamp as gifts from a girlfriend to furnish my residence. Now I am receiving demands from the one who gave me these items informing me that they are her personal belongings and that I need to return them. We had no agreement that I would return them. In my eyes these were gifts to me and belong to me. Do I need to return them or tell her to take a hike? Is this something I should be worried about? She is also asking for me to return stuff I do not have threatening a suit, doesnt she have to proove I actually have it?
1 Answer from Attorneys
Re: Gifts & Household Items
You have the classic "oral contract" legal analysis problem. She says one story and you have an other. If BOTH of your stories are of even believability, then someone will lose and someone will win. If the truth scales are tipped in one direction, somewin wins, etc.
A suit can be brought in small claims court (maximum recovery is $5,000) or if the furniture has a greater value, then in Superior court.
There are no winners in this tyupe of dispute, only enemies. Sometimes the law and sticking to your values is not the best social result.
True enough, the furniture did not magically appear in your apartment, hence the believability is apparently higher on your side of this dispute from the facts as provided. But by going to court do you win?
This is a social decision. Legally if you were given a gift, a gift it stays.
Good luck
Mark Geyer
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
