Legal Question in Real Estate Law in California
We rented a storage unit and the mgmt mistakenly (they accept responsiblity) sold our belongings in auction. What are our rights
We rented a storage unit last November. The clerk assigned us a specific unit (in writing) but mistakenly entered the wrong unit # into their computer (switched the numbers). We had automatic payment through our credit card every month. Earlier this year, the mgmt apparently sold our belongings through an Auction company, believing the items were abandoned since our name was not in their system for that unit. We just discovered the loss this weekend and the management is accepting responsiblity for their mistake. What are our rights for proper compensation. Furniture, etc is replaceable, but we had 30 years of our Xmas ornaments and decorations that are gone forever. We are heartbroken. How do you put a value on that. :-( How should we proceed. Thank you.
3 Answers from Attorneys
Unfortunately the law is utterly inept at providing remedies for damages that can't be measured in dollars. Under the law, all you are entitled to is the market value of what was lost. And since they were auctioned off, what the storage company got is going to be a pretty good measure of their market value.
I can help you add it all up and make a claim. The storage company should hand it over to their insurance and pay out, hopefully.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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This question seems to involve the tort of "conversion," rather than being a real estate matter. Damages for conversion are covered by Civil Code section 3336 to 3338. The provisions are pretty liberal, but do not seem to take into account sentimental value. This should not prevent you from asking for some additional compensation in a settlement discussion, and insurance companies do like to avoid suits, but if a suit is necessary and you win, your judgment would probably not include anything for sentimental value. There are a few scattered cases to the contrary. Re-ask as a torts question for answers from better-qualified LawGuru attorneys.
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