Q: 1) she filed a false temporary restraining order in order to control and sell my equipment, tools and personal items
2) the property went into foreclosure then she sold the property to a family friend for 300k under market,
3) New owner (fam friend) is threatening to have what’s left of mine moved if I don’t get it in a couple days.
4) the TRO only allows me onto the property with a sheriff standby, if, I mite get an hour but most of the time it’s 15 minutes and she is still living there..
5) I have semi size trailers and 40ft containers still on property, 1st trailer that he is wanting moved will require nearly a full day just to make ready to move, i am not allowed enough time per the TRO to make the trailer ready..
6) nearly 1/2 a million worth of my items are gone from the property, supposedly sold by her, the new owner has a lot of my tools and equipment and is denying having them.
7) the property was solely hers, the items to be moved are solely mine, we were together for a decade, not married,
My question;
Can the new owner remove my items when I’m prevented from doing so?
A:
Under California law, the new owner, even if they are a family friend, cannot remove your items from the property if you have a legal right to possess them. If your items are rightfully yours and were not part of the property's sale, you may have a legal claim to recover them. You should consult with an attorney to understand your rights and explore potential legal actions to protect your property.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
