Legal Question in Real Estate Law in California

Re: selling abandoned property

The property is not yours, as you are the "bailor" of the property, it having be left "in your possession." You are not free to sell it and I have not done any legal research to determine your rights. I suggest that you do two things: (1) take the property to the local police station and report it as having been left on your property. Ultimately, if it is not claimed within a certain time, you can claim it. And, (2) if you really believe that the contractor stole your property, file a complaint with the police.

Re: selling abandoned property

I think you are the "bailee" and the contractor is the bailor. In any event, you are not the owner, and you don't have the right to sell the property!

Your initial possession was voluntary, so you are a voluntary bailee, but since you are not receiving, nor were you intended to receive, a benefit (or so I assume), this is a so-called gratuitous bailment and you owe the contractor only a "slight" duty of care -- i.e., keep the items indoors and locked up, maybe, but that's about it.

Furthermore, you can't insist upon storage charges, nor deliver the property to someone else without liability to the owner.

Sounds harsh, doesn't it? I don't think the law should be this way, but it is.

One possibility for you is to file a legal action, probably in small claims court. Carefully follow procedures (studied from a self-help law book) for filing and serving a complaint. Ask for your money damages for the incomplete/improper work, then in a separate cause of action ask for an order allowing you to dispose of the property to satisfy your judgment. Have evidence of its value. The small-claims court may decide not to allow this offset, but it's a possibility.

Pay particular attention to the method of serving someone who is incarcerated, or wait until he is released. Giving full instructions for small claims is beyond the scope of a LawGuru response.