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How can I recover the value of my missing property?

Los Angeles, CA |

I signed a stipulation with my landlord that he would pay me to move. He refused to honor it and had me locked out. I sued in small claims court for breach of contract & loss of property and won (i also won his appeal). He was ordered to pay me the money he agreed to pay me in the stipulation. I was not given a monetary award for my property because he testified that he still had my property. Instead, he was ordered to return my things & provide movers (also part of the stipulation). He provided movers but threw away 7 years worth of my property. Everything is gone. I filed an SC-105 for the reduced value of my property but it was denied. What can I do?

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Attorney answers 1


I am not sure what you requested in your motion (SC-105). However, if your former landlord's actions fell outside the scope of what was covered in the stipulation (and it seems throwing away your property might constitute such action), then you should be able to file a new small claims lawsuit to recover your losses.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.



In my sc-105 I asked for further , the reduced value if my missing property. I don't think I can sue him again because I sued for loss of property in the for first case. I did another sc-105 on the 7th of this month, explaining that I wasn't awarded a judgement for my property because the landlord said he still had possession of my property. I haven't heard anything yet but, from what I been reading online, their always denied. :(

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