Legal Question in Real Estate Law in California

After my divorce I moved to CA and rented a room from my father. And after an altercation he kicked me out. He is refusing to let me collect and of my belongings. He kept my furniture, clothing, everything. At first he said I could pick everything up so I flew back to CA only for him to change his mind and demand that I get professional movers. I did and when the movers showed up on the agreed upon date he would not let them remove anything. The movers informed me that most of my furniture was severely damaged or had been given to his son. Can I sue for the loss of my personal belongings and damages? And if so what steps do I need to take? And I do have estimates of value on some of the expensive items, done by his personal home insurance company. Also he lives in Coarsegold CA, and I live in Tavares, FL.


Asked on 5/20/11, 12:15 pm

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

It seems to me that your father has committed the tort of conversion. This is sort of an aggravated form of trespass to personal property, or, perhaps, the civil equivalent of the crime of theft. Property is converted when the defendant exercises dominion over the property of another, without lawful justification. The remedy is that defendant can be found liable to the owner for the full value of the property at the date of conversion, plus fair compensation for the time and money spent in pursuit of the property. California Civil Code section 3336. If you elect to sue, he cannot escape or reduce his liability by trying to give the property back to you if you don't want it.

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Answered on 5/20/11, 1:41 pm


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