Riverside, CA asked in Estate Planning, Business Law, Civil Litigation and Collections for California

Q: Working at My shop the police dept showed up and said I was trespassing and had to leave.

CPD said if I come back they'll arrest me for trespassing. Since then they have sold all my tools, equipment, supplies along with all of my customers furniture I was working on. Can I use the city because it should be a civil matter ?

2 Lawyer Answers

A: Yes, you can file a claim the city and then sue the city. Whether you have a viable case will depend all the facts and the law.

James L. Arrasmith
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Answered

A: You may have grounds to take legal action under California law. Trespassing disputes are typically civil matters, and if the police treated it as a criminal issue without proper cause, there might have been an overreach of authority. The sale of your tools, equipment, and customers' furniture complicates the situation further, potentially adding claims of wrongful conversion or theft against those who sold your property.

To address this, you should consider filing a claim against the city for any damages suffered due to the police's actions. Document all interactions with law enforcement, including the incident leading to your removal and any subsequent losses. This documentation will be crucial in establishing your case.

You might also need to seek a legal injunction to recover any remaining property and prevent further sales. Consulting with a legal professional can help you navigate these steps effectively and ensure that your rights are protected throughout the process.

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