Legal Question in Real Estate Law in California

There are multi-layered issues here. You might want to think seriously about paying a professional to sort this all out. Maybe you could seek reimbursement from him later. Even if you have to pay, it may be worth the trouble this can cause you if it goes on.

Okay, first issue - and this is big - you have no written contract! Now, generally an oral contract is valid, except in certain circumstances. I can not say for sure, but I think this type of contract would have to be written. Even if an oral contract was valid here, your next task would be to prove the existence of the contract, and its terms.

How specific were the emails? (Hopefully, you saved them all.) Did you specifically mention -'Hey you havent made the car note you promised to make?" and did he clearly say "I know I said I would, I'm sorry, but I need more time.?" Or anything that you could use to show that you had an arrangement.

There is also a concept called detrimental reliance. You would need to show that you relied on his word to your detriment.You would have to submit some proof that you did something in reliance on his word, to your detriment. That may not be to hard - he said he would pay, you relied on his word, and gave him your car to your detriment.

Gather all documents - emails, bills of sale, title, insurance you had, anything to show the car was yours and anything that might go to prove you gave it to him. For example, you might show that you had insurance for five years until the day you gave him the car. You would ask the court to assume that you stopped the insurance because he had the car, and promised to take care of it.

If he is completely violating the terms of the agreement, it does technically constitute theft. You could give the police a try, see how they respond in situations like these. That assumes you have the title and are accurate about everything else. The police will not be pleased if the other guy can show you are lying.

Now, the lawsuit.

Without knowing the value of the car, it is hard to say who has jurisdiction. Check small claims court for limits and types of cases allowed. You may be able to prove breach of contract through some of the implied contract theories. Also, google the cause of action called - conversion.

I would also consider writing the courts, DMV, etc to put something on the record that you contest the tickets as the owner of the car. Ask for a hearing to sort out ownership issues.

Good luck

and remember, having a lawyer up front, can save you many headaches later