Legal Question in Real Estate Law in California
Friend in Oregon has problem. He lent machinery to a guy that both he and another friend own. My friend had a falling out with this guy since. Now he is asking for stuff back that guy borrowed. This guy is pissed at him and is refusing to give it all back. We fear this guy may have had feelings for my friend which my friend did not care to reciprocate. Now guy is "punishing" my friend by not allowing him to get stuff back. He has contacted him numerous times but guy still refuses. My friend went to local police with all the receipts of lent machinery and copies of email correspondences stating exactly what the guy is doing, etc. Police have said there is nothing they can do since some sort of lending contract/agreement was never signed between the two. I am just trying to get advice for my friend here to see what exactly are his legal rights. Thank you.
2 Answers from Attorneys
Your friend has to ask an Oregon attorney. We California lawyers are not qualified to discuss OR law.
While I agree that Oregon law will govern this situation, I can tell you that a lawsuit might be brought under either or both of the legal theories of conversion and/or replevin. The following is quoted from a footnote in a decision of the Oregon Supreme Court (Rice v. Rabb, decided in 2014):
"'Conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.'" Mustola v. Toddy, 253 Or 658, 663, 456 P2d 1004 (1969) (quoting Restatement (Second) of Torts � 222A(1) (1965)). Replevin is a claim against a person who has deprived another of personal property seeking recovery of the property or other compensation. See Windle Adm'x v. Flinn et al., 196 Or 654, 680, 251 P2d 136 (1952)."
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