Legal Question in Civil Litigation in California
hello,
so here's the situation. on april 24th 2009 my ex-roommate kicked me out on the streets of LA with zero days notice. i drove down two hours from ventura county to retrieve my things and she refused to give them to me, saying that she had donated them to charity. included were important legal documents, such as my birth certificate, and over $1000 worth of personal belongings. she took nearly everything i owned but the clothes i left with in my bags.
this has caused me much personal stress. over the last year i have been homeless and struggling; wondering where i am going to sleep each night and if i'll be able to take a shower that day. and of course she stole all of my belongings, many of them irreplaceable, all photos from my childhood, etc.
can i still press charges?
2 Answers from Attorneys
Pressing charges means a criminal case. You can go to the local District Attorney's Office but they will not show much interest in a matter nearly a year old that is mainly a civil dispute. You can still sue her however. There is a two year period of time for breach of an oral agreement but different time periods to file for the different types of causes of action. You have at least one year after the injury occurs to sue; it is best to sue now. You can get a court waiverr of fees by filing a petition that you can not afford the cost. you need to speak to someone to gilve them al the details to figure out what type of claim to make and what evidence you need. Many poverty law assoications do not handle such tort actions against others although some might see it as a suit against a quasi landlord so agree to provide some help. Call your local bar association to see if they can provide any additional help. Good luck.
I'm so sorry to hear about your ordeal.
I agree with Mr. Shers, but I urge you to sue within one year rather than two. Abruptly throwing you out may have been a breach of contract, but taking your possessions probably wasn't. The law calls such conduct conversion, and offhand I believe conversion has a one-year limitations period.
Good luck.
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