Legal Question in Real Estate Law in California

I am in the military and 2 yrs ago another marine asked if I would watch his car for him. I agreed to this and so he left and I moved the car to the new house I was living. At the time I was doing a lot of training so I was gone in the field for 2 weeks and when I came home the car was towed. I got in touch with towing company and because I had no power of attorney I couldn't get the car out. The car was with towing company for about 4 months before they sold it at an auction for 800. The marine came back from deployment and informed me the car was sold I offered to help out in anyway possible. A couple months ago he served me with papers to appear at small claims. The court was last Friday and he won so I am wondering if this is grounds to appeal I am being held responsible for his car what it retails at towing costs and storage costs. I tried to help a fellow marine and in the end I get screwed all for his irresponsibility of not leaving me a power of attorney...


Asked on 6/16/10, 9:29 pm

2 Answers from Attorneys

My brother is an ex marine, and my best friend's father-in-law was a marine JAG colonel. They would be embarrassed that you are in the corps. You leave his car where it will get towed, THEN you leave it in the tow yard without informing him and giving him a chance to do anything about it (which he could have done from any deployment I've ever heard of), and then you try to shift the blame from yourself to your fellow marine? What kind of dishonorable BS is that? You should pay the man and then see what you can do about becoming a squid, because you clearly are not cut out to be a marine.

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Answered on 6/17/10, 8:00 am
Anthony Roach Law Office of Anthony A. Roach

I note that you feel your friend was irresponsible, but it is not clear as to why the car was towed. If you left it somewhere for it to be towed, you are irresponsible. As a defendant, you can appeal a small claims decision, unless you failed to show up to the hearing. An appeal is to the Superior Court, and is a trial de novo. Both sides are permitted to have attorneys. From what you have relayed, it sounds as though you do not have a very good case.

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Answered on 6/18/10, 12:08 am


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