Legal Question in Legal Malpractice in California

Is it legal for opposing council to withhold nondisputed private property from its owner in a small claims case.
Basically, our company has served one of our clients in small claims. While we were servicing the client, we kept a notebook at the house (that was our property and it has been acknowleged from the other side that it does rightfully belong to us) when the new caregiver (literally) kicked us out of the house we asked for our notebook back. The caregiver said that there was no notebook. Now that the client has been served, they have retained an attorney. This attorney "magically" has a notebook with our shift notes in it. We have repeatedly asked for it back, to which his reply was no. We even told him that he can make a copy of the entire notebook for his reference and he still refuses. Is this legal??

Asked on 7/16/10, 11:31 am

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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You could call the police; and you could also bring the matter to the attention of the judge when you get to small claims court.

Answered on 7/16/10, 2:37 pm

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