Legal Question in Real Estate Law in California

Abandonment of Personal Property

My boyfriend moved into my apartment on September 2001 and moved out December 2001. Since he left rather abruptly he verbally agreed to help me with the rent until June 2002. The first check he wrote me bounced and I never received any money after that. Plus while he lived with me he kicked in our front door, the cops came and gave him a warning but my apartment manager had it fixed and took the money out of my deposit. When he moved out he said I could have his stereo, bed, and table and chairs. Now 18 months he calls and asks for his things then serves me with small claims papers suing me for $2500 for his things. What if I gave them away? Was I supposed to store them after they were given to me as a gift? Is there an abandonment law?


Asked on 4/01/03, 2:05 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Abandonment of Personal Property

Hopefully abandonment law will not be applied because it would not support your position. Your best bet is to convince the small-claims judge that the property was a gift. You should also consider filing a defendant's counter-claim for the bad check, unpaid rent, damage to property, etc. and see what the judge thinks. Take all your evidence and witnesses to court with you. Also, get a book on small-claims procedures so you can better understand the mechanics of filing, counter-claiming, serving papers, presenting evidence, enforcing a judgment, etc.

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Answered on 4/01/03, 3:18 pm


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