Legal Question in Real Estate Law in California

need property returned

In california, my old friend has had my registered rifles for years now and will not return them. what do i do?


Asked on 4/10/08, 10:59 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: need property returned

You can bring an action for replevin, which is a request he return the items to you. In the alternative, you can just sue for money.

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Answered on 4/10/08, 11:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: need property returned

Since you can plead inconsistent theories when bringing suit in California, I'd include a cause of action for replevin to get them back by court order if he has them, and a cause of action for "conversion" in the event he's unable to cough 'em up due to selling, losing or whatever. Conversion is the civil equivalent of the criminal charge of theft, and asks the court to order damages equal to the highest market value the property would have had at ant time between the date of conversion (probably the date you first asked for them back and got no action) and the date of judgment. You can also sometimes get punitive damages for conversion if it was done with "malice, fraud or oppression" to quote the law.

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Answered on 4/11/08, 12:08 am


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