Legal Question in Real Estate Law in California
Abandoned property after close of escrow
Is it possible to sue for storage fee if seller leaves her automobile and personal items on my newly purchased property without my consent? She actually sued me and her realtor for missing items and so-called damage done to her car. I won the first hearing(the realtor was held liable), however, it was appealed but nothing was mailed to me which led to my ''failure to appear'' on my behalf. Subsequently (10 mos. later) an involuntary lien was mailed to my house (this how I found out about appeals). I went to Small claims office to find out why I still was being held responsible for the claim, and they told me that the judgment was ruled against me(for not showing). I would never have risked this if I were ever notified, however, they claimed that it was sent 1st class mail. Should have the previous owners removed their stuff in the first place??? Help!
1 Answer from Attorneys
Re: Abandoned property after close of escrow
Your immediate problem is getting relief from default, not whether you should have won on the underlying issue.
In all probability this is no longer a small claims issue; he appeal would have transferred jurisdiction to the superior court. You should talk to a local lawyer about getting relief from default on your FTA on the appeal, which is essentially a new trial of the appealed matter.
The longer you wait, the more difficult to get relief.
Can't say on limited facts given who should have won on appeal. You may be entitled to recover some "costs" for storage, but on the other hand, you had some "duty of care" toward the left-behind items. Whether they were "abandoned" calls for a legal opinion. Leaving property at a sold premises is not necessarily "abandonment" of the property.
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