Legal Question in Civil Litigation in California
When I rented this place, it was with a parking space included. The original owner gave me a letter to that effect. Now my current landlord has locked me out of the parking area. I believe that is a breach of contract. He also had my car towed away, and I have filed a small claims suit for the value of the car. What I would like to know is how much I should ask for in additional damages due to the breach?
2 Answers from Attorneys
I'm not sure you can sue for the value of the car, unless it was scrapped. You can sue for the cost of retrieving the car, plus the value of the parking space or reduced value of your rent (alternative parking costs).
What Mr. Cohen refers to is the amount of damages for conversion. In a lawsuit for conversion, the person who takes the car basically pays for the car. If you got the car back, and it was not daamged, your money damages are the value of the loss of the car, and the cost you paid to get it out of a tow yard.
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