Legal Question in Civil Litigation in California

Gifts / Items Given To Me

My ex girlfriend, we never lived together, had a bunch of household items sitting in a storage unit that she wanted to get rid of. She offered to give me items such as furniture, lamp, couch, suit case, butcher block, plastic organizers, carving knife set, heating pad, ice packs, extension cords, xmas stuff, and paintings. I got rid of my old stuff which was worn out and took the various household items she was getting rid of. This was about june of last year. She was struggling financially, and because she gave me the household items, I paid for about $ 500 worth of christmas presents for her family, have paid her rent, gave her a personal loan, etc. About $2000. Now that we are not together anymore, she is demanding I return items I have ''never'' seen or had in my possession. She is demanding that I return all these items she gave me to her because they are her ''personal belongings.'' . I said no they are not, you gave them to me because you were getting rid of them. They were gifts to me and belong to me. I asked for a refund of my $ 1500, she said no way take a hike, now she is threatening small claims action. Is this something I should be worried about? Do these items belong to me? Can she sue me for stuff I dont even have?


Asked on 2/28/06, 3:21 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Gifts / Items Given To Me

Can she sue you? Yes. If the judge (this sounds like a small claims case, where there won't be a jury) believes you, you will win. If she believes your ex, you will lose.

If there is evidence other than your own testimony to confirm what happened -- such as friends who heard your ex say she was giving you these things, or emails she sent which discuss her plans to give the items away -- gather it together.

You may also want to work out some sort of settlement, but such deals can be hard to make in emotional situations like yours.

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Answered on 3/10/06, 3:54 pm


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