Legal Question in Civil Litigation in California

Re: What kind of case would I have if someone sold my belongings

Your brother would have had to have served you by mail with a notice of abandoned property in order to sell your goods. If he estimated that they were less than $300. in the notice he could have disposed of them by yard sale or any other means he wished. If the value was above that amount the personal property would have had to have been sold by auction after notice was given of the auction by publication. See Civil Code, sections 1985 (if you were not a tenant) and 1988. If your brother didn't follow these procedures he's probably going to be liable under the theories announced by the other reviewing attorney who commented on your case.

Re: What kind of case would I have if someone sold my belongings

Assuming the value of the items is less than $7,500, you could file a small claims action. If it is more than that, then you would have to file in Superior Court on multiple theories of conversion, trespass to chattels, and possibly fraud. These are just a few that may or may not apply depending on the circumstances surrounding your transaction which would be developed more fully after speaking to an attorney.

On another note, any litigation should be thought out and carefully considered before being initiated, particularly when it involves a family member.

Best of Luck!