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Statute of Limitation for filing against landloard

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C

cstannard52

Guest
What is the name of your state? California
Last Febuary 2002 I had been locked out of my apartment while moving my belongings and didn't get all of it. All my valuables, Furniture, Housewares, documents, photos, car etc. I mailed the landlady a demand notice to return my property. She never responded. I spoke to an attorney that March who was going to help me get back my property. later I discovered she had already disposed of everything I had including my car. I started listing everything I had, but everytime I thought of it, it would depress me and I'm unable to continue. I felt that because she had already distroyed my property it was too late to do anything about it. What is the Statute of Limitation for filing against her? I am on a fixed income & she knew this before she did this. I had agreed to pay her 1 month back rent through her lawyer which I did. do I still have any rights? :confused: & :(
 


I AM ALWAYS LIABLE

Senior Member
cstannard52 said:
What is the name of your state? California
Last Febuary 2002 I had been locked out of my apartment while moving my belongings and didn't get all of it. All my valuables, Furniture, Housewares, documents, photos, car etc. I mailed the landlady a demand notice to return my property. She never responded. I spoke to an attorney that March who was going to help me get back my property. later I discovered she had already disposed of everything I had including my car. I started listing everything I had, but everytime I thought of it, it would depress me and I'm unable to continue. I felt that because she had already distroyed my property it was too late to do anything about it. What is the Statute of Limitation for filing against her? I am on a fixed income & she knew this before she did this. I had agreed to pay her 1 month back rent through her lawyer which I did. do I still have any rights? :confused: & :(

My response:

California has a 3 year "Statute of Limitations" on personal property loss or destruction, beginning from the date of destruction or loss, or from the date you first became aware of the loss.


California Code of Civil Procedure
Section 338. Within three years:
(a) An action upon a liability created by statute, other than a
penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c) An action for taking, detaining, or injuring any goods or
chattels, including actions for the specific recovery of personal
property. The cause of action in the case of theft, as defined in
Section 484 of the Penal Code, of any article of historical,
interpretive, scientific, or artistic significance is not deemed to
have accrued until the discovery of the whereabouts of the article by
the aggrieved party, his or her agent, or the law enforcement agency
which originally investigated the theft.
(d) An action for relief on the ground of fraud or mistake. The
cause of action in that case is not to be deemed to have accrued
until the discovery, by the aggrieved party, of the facts
constituting the fraud or mistake.


IAAL
 
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C

cstannard52

Guest
REPLY TO RESPONSE

My car was still in the carport. I still had the keys. I had to get a Dup. pink slip from the DMV since the Orig. was still in the apartment in a folder along with sales papers & other documents on the car. The landlady had my car pushed out on the street in front of the apartment building where it was cited for "street sweeping" (this was shortly after lock out).She also knew I had sent someone else to pick up the car as a charitable donation but refused to let them get it. Even though she knew I was staying with my parents & had the phone # she never called nor wrote me about this. My car ended up being impounded when I got a notice from the P Dept. I did pay the citations so it wouldn't go against me. The car ended up being sold at aution. I had no money to get it out of impound. I got the blue book value of the car as well.
 
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