Legal Question in Civil Litigation in California

You did not indicate the reason why you believe the County's actions were improper.

I would suggest a review of the applicable County Code Sections. You may wish to look here:

http://www.sbcity.org/cityhall/community_development/code/homepage.asp

Generally, a County has the authority to make regulations and to enforce them, including regulating what occurs on private property.

Take particular note of the Code that deals with Nuisances and the power to deal with the nusiances. See for example: 8.36.130 Removal of vehicle to scrapyard.

If you want to find out limitations on the County's enforcement powers, you may want to go to the law library and do a search for cases.

I agree with Mr. Selik. I also write separately to point out that the time to submit a claim to a public entity runs from when the incident occurred, and not when you plan to sue.

Mr. Selik and Mr. Roach both make good points. Let me add three more.

First, even if the County had no right to go on your friend's property (which is far from clear), I don't think they gave you a claim when they took the car. You would essentially be complaining that they trespassed. But even if they did, the property they trespassed on was not yours. You have no right to decide who can or can't access somebody else's property, even if some of your belongings are there. I realize that your proposed lawsuit would be for conversion and not for trespass, but you seem to be asking whether your conversion claim would be stronger if the county trespassed on your friend's property. I don't believe that it would.

Second, unless there is more to the story, the most you could plausibly recover would be the value of the car, minus the cost of moving it and storing it elsewhere. I admit that I am not an expert on such things. But my guess is that inoperable 1972 Oldsmobiles aren't worth very much. If they were, you probably would have moved yours after you received the County's notice.

Third, the law generally requires people to mitigate their damages. That means taking reasonable steps to prevent foreseeable harm. A plaintiff who suffers, say, $50,000 worth of harm but who could reasonably have limited it to $5,000 may usually recover only the unavoidable portion of his loss. You could have mitigated your harm by moving the car before the County acted.

Please note that I might see things differently if I had more information and/or if I researched the relevant law. This answer is just the best I can give you off the top of my head.

Good luck.