Legal Question in Legal Ethics in California

A few months ago a very dear friend of mine sold me his car. At the time I did not have my license so I had parked it. After getting a ticket for no plates, another friend of mine (who I was dating) offered to help Register and Insure the car. She then decided to put new tires on it. I told her not to because I could not pay her back. She said on more than one occasion that I don't owe her. She is doing it because "karma" will reward her for helping me. While still waiting to get my license, she needed a car. I did not know the procedure of registration or insurance etc. so I feel she took advantage of me. She convinced me to sign the car over "temporarily" and she will pay for all the fees involved as well as drive the car. When I get my license she will return my car. I did not get this in writing (like a fool) but I do have a witness who heard her on SEVERAL occasions confirm our "deal". Down the line, I decided I did not want to date her anymore. She decided to keep my car. Told me if I ever drove it she would report it stolen. She lives next door to me and I see her driving my car alot..with the exception of the last 5 days because she is now in hiding w/ the car being that I still have my keys. I can get the bill of sale with my name on it as well as my witness and another witness who will testify that he sold ME the car. I have not had a car in 4 years. Why would I give it away? I was tricked. Do I have a case in small claims court? PLEASE help me. I am devastated...especially when she shoves it in my face by driving it in front of me.

Asked on 6/24/10, 5:59 pm

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You have a case, but not in small claims. Small claims can only order payment of money. To get your car back you have to file in Superior Court.

Answered on 6/24/10, 9:03 pm

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