Legal Question in Real Estate Law in California

Re: property left

Your question concerns the branch or area of civil (non-criminal) law called bailments, which for some unknown reason California chooses to call "deposits," although when most of us think about deposits we have something else in mind, e.g. security deposits. Anyway, it makes some difference under the law whether you were getting free storage or paying for it, or even whether it was left there for repairs or on consignment.

I'll assume the storage was free and done as a friend-to-friend courtesy. In that case, the duty owed you is "slight care" and the holder of the property can rid himself/herself of any obligation to you by giving you "reasonable notice" that your free storage privilege is terminated and that unless you pick it up within a reasonable time the holder may dispose of your property. Yup, that's the law. So, you have to rack your brain to try to remember if and when the friend told you to pick it up.

I'm also assuming that the "friend" who is currently in possession of the house is the buyer of the house and is entitled to possession of the house. Your question is ambiguous in that regard.

Keep in mind that REASONABLE behavior is required by both parties. The holder of the trailer cannot say, "Come and get it in the next 72 hours!" if they suspect this would be difficult for you. Also, the holder must make efforts to be sure you got the message to come and get it.

Further, the holder probably is under a duty to dispose of your property, if you don't pick it up, in a commercially-reasonable manner. Junk, they can take to the junkyard. If you had a Ferrari stored in the garage, "commercially reasonable" would probably require a well-publicized auction. Of course, you are entitled to the sale proceeds less the holder's costs. In no case does the holder of bailed property become its owner, or entitled to keep all the proceeds of sale (except fair value of storage can be deducted in a commercial storage setting).

If you have truly never been given an opportunity to pick up your trailer, I'd suggest bringing a lawsuit, probably in Small Claims Court, for its "conversion." Conversion is the civil equivalent of theft; it is a tort, and you can get the value of the trailer awarded you in damages. More likely, filing and serving the suit would result in its redelivery to you.

As you can see, your rights vary enormously depending upon whether or not you ignored a notice to come and get the trailer!