Legal Question in Real Estate Law in California

I moved out my moms house on December 9th of 2010. I paid him $40 for rent i stayed there til the ending of December and in January my aunt needed me to baby sit my younger cousin for a few days and since my birthday was on the 6th i stayed over there til the day of my party which was on the 9th then I went back to my moms and stayed there for a few days and on January 8th I stayed over my friends house for her birthday which was on the 13th and my ex friends birthday which was on the 15th we stayed in Rancho Cordova for a few days and then I went back to my best friends house I kept having my cell phone blown up during the times I was away and it was my room mate asking me when i was coming back so I went back Feb 13th after my play brothers vigil and my room mate said i didnt have to pay him for January because it was my birthday month, so I paid him for Feb when I got my GA I paid him for that and march and i went to the 11th i went to the house because he moved a day or two prior and wen I went back he told me to check if my things were bleached and I had alot of my new things bleached and a pair of my black suede Nike Blazer Boots messed up I tried to wash the stains off but it wouldnt leave, so when I left all of my things were there except my bag of nail polis, nail acrylic& powder, fake nails, feminine products, and my gel, so march 18th I went back in the daytime and he tried to serve me a notice that dated march 17th after the manager okayed for me to be there and he that since he had 7 other people staying in that one apartment they had to leave and the tuesday prior I had to stay at a shelter for a day because when I was on my way back he told me not to come home for a few days and I didnt know that they were moving my things too so I asked him why he didnt call me so I can move my things and he didnt say anything so as i said before on the 18th I started moving my things out and I told him I was going to come back later for the rest and my phone that I let him barrow, so I found a ride to go back at 2:32 am I texted him and I said that I was on my way to get the remaining on my things and I asked him to have all my things ready and he told me I can get my things so me, my cousins and my sister went to get my things and during the process most of my things that were there came up missing like my 2 pairs of Nikes, my flat iron,feminine products,and my movies family guy, avatar and a few other movies, my playstation 2,my nintendo 64 games and cords, and my dance dance revolution cord which all came around to $500 and when i told him to hand me my phone he said im not getting my phone and he and the other 7 people plus 2 more went in the house I called the police and said what happened they cane 20 mins later and I showed them my damaged clothes and shoes they knocked on his door and he came to the door with a lease stating that he was the only one staying there so the officers asked him can I search the house for my things and he said no and cussed the officers out being under the influence and the officers asked him was he intoxicated and he lied and said no so i asked him where were my shoes and the rest of my things he went in his room and brought out my lavander and white Nikes and I told the officers thats not all and he said to the officer that they werent doing their job and that we needed to leave, so i told brandon that I wanted my money back and that I wanted an extra $200 for all the food that I put in the house and my $5 for the ice cream his boyfriend ate. Is this a good reason for me to sue and on top of that adding in emotional distress?


Asked on 3/27/11, 7:50 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are some good books on California Small Claims procedures. Get one and study it. Then you'll be able to answer your own question.

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Answered on 3/27/11, 8:43 pm


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