Shoplifting, Larceny, Robbery, Theft Ca - Business Partner Trying To Sell My Equipment to Pay His Rent

[Max Tucker]

Jurisdiction

California

Hello,

My business partner who I have a signed agreement with is refusing to work, and refusing to pay any of the bills associated with his side of the business. Our contract states that the equipment may not be sold, or given to anyone.

Since he is refusing to work and or pay bills aassociated with his franchise I have suspended his email, his website, ect…

he has over $4000 in debt with me and has about $10,000 worth of equipment that he is going to try to sell so that he can pay bills.

if he sells my equipment can I have him arrested in the State of California since it is theft over $950. Can I put a lien on the businesses property until I get it back?

what are my options here.

 

[adjusterjack]

if he sells my equipment can I have him arrested in the State of California since it is theft over $950.

Don't be silly. It's not theft and it never will be theft. He's a partner in the business. He's as much an owner of the equipment as you are.

Can I put a lien on the businesses property until I get it back?

I have no idea. But even if you could, how would you enforce it? There's nothing to stop him from putting the items on Craigslist and selling them for cash.

You really don't have a cause of action until he sells the items and then you can sue him for breach of contract where you can seek compensation for the depreciated (used) value of the items.

 

[army judge]

if he sells my equipment can I have him arrested in the State of California since it is theft over $950. Can I put a lien on the businesses property until I get it back?

what are my options here

If a person sells property he/she doesn't own, she/he could eventually be sued in a CA CIVIL court for the tort of conversion.

Furthermore, the person could also be charged criminally in CA.


California Code, Penal Code - PEN § 484
Current as of January 01, 2023 | Updated by FindLaw Staff

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. In determining the value of the property obtained, for the purposes of this section, the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For the purposes of this section, any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud.

(b)(1) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and that property has a value greater than one thousand dollars ($1,000) and is not a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 10 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented.

(2) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and where the property has a value no greater than one thousand dollars ($1,000), or where the property is a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 20 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented.

(c) Notwithstanding the provisions of subdivision (b), if one presents with criminal intent identification which bears a false or fictitious name or address for the purpose of obtaining the lease or rental of the personal property of another, the presumption created herein shall apply upon the failure of the lessee to return the rental property at the expiration of the lease or rental agreement, and no written demand for the return of the leased or rented property shall be required.

(d) The presumptions created by subdivisions (b) and (c) are presumptions affecting the burden of producing evidence.

(e) Within 30 days after the lease or rental agreement has expired, the owner shall make written demand for return of the property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement and to any other known address shall constitute proper demand. Where the owner fails to make such written demand the presumption created by subdivision (b) shall not apply.

California Code, Penal Code - PEN § 484 | FindLaw
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"Conversion" in California – How Do I Bring a Lawsuit?
Under California law, conversion is a civil cause of action that applies when a person unlawfully and without permission takes or interferes with your possession of your property.

You can bring a claim for

recovery of the property, or
compensation for the value of the lost property.
Specifically, you would have to prove the following three elements to make a successful conversion claim in California:

you had ownership or right to possession of the property,
the defendant wrongfully took your property or interfered with your ability to use it; and
you suffered damages as a result.
Civil Claims for Conversion

Conversion is a civil claim and is very similar to and often identical to the criminal charge of theft. Theft is a criminal charge where conversion is the civil claim for the same action. Under a conversion theory, however, theft is not the only thing that can count as "interference" with the use of property.

Conversion is an intentional tort, which means: that the party suing must prove that the defendant purposely meant to deprive the owner of his or her property.

"Conversion" in California - How Do I Bring a Lawsuit?
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How is Conversion Defined in California?
In general, conversion of property is a civil cause of action that occurs when a person intentionally and substantially interferes with the personal property of another without permission. Alternatively, it may also refer to when a person without authority intentionally takes or deprives a person of possession of their personal property. Conversion is the civil counterpart of the crime of larceny (i.e., theft of personal property).

Specifically, under California conversion laws, an act of conversion is explicitly defined as, "the wrongful exercise of dominion over the property of another." In California, it is not necessary that the defendant physically takes the property in question away. Instead, the plaintiff will only need to prove that the defendant assumed control and/or ownership over that property, or has altered it in a way that causes it to no longer be of use to the plaintiff.

Additionally, it should also be noted that although the defendant must intentionally or knowingly convert the personal property, there is no need to show that there was wrongful intent or motive behind their actions. For example, a defendant can be sued for conversion for taking home a laptop that they reasonably or genuinely believed belonged to them.

What is a Conversion?
In California, a plaintiff may seek both civil relief and criminal prosecution of an individual who has converted their property. However, since it is up to the local prosecutor to decide whether or not to press charges and file a criminal lawsuit, the plaintiff can only sue for damages using the civil court system. They can do this by proving that the defendant was responsible for conversion of their property.

According to California law, the elements of conversion are as follows:

The plaintiff had a right to the property in question or had ownership over that property at the time of conversion;
The defendant intentionally interfered with or deprived the plaintiff of their property without their consent; and
The defendant's actions caused the plaintiff to suffer damages (i.e., the loss of the property) as a result.

Conversion Claims in California | CA Legal Conversion | LegalMatch
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[Zigner]

Hello,

My business partner who I have a signed agreement with is refusing to work, and refusing to pay any of the bills associated with his side of the business. Our contract states that the equipment may not be sold, or given to anyone.

Since he is refusing to work and or pay bills aassociated with his franchise I have suspended his email, his website, ect…

he has over $4000 in debt with me and has about $10,000 worth of equipment that he is going to try to sell so that he can pay bills.

if he sells my equipment can I have him arrested in the State of California since it is theft over $950. Can I put a lien on the businesses property until I get it back?

what are my options here.

What is the actual legal structure of the business?

 

[zddoodah]

Your terminology is all over the map.

You refer to this person as your "business partner," but you also referred to "his emails [and] his website," "his side of the business" and "his franchise." On the other hand, it's your equipment?

As to your questions, you can, of course, report what's happening to the police. What the police will do is impossible to predict, but it seems unlikely that they'll involve themselves in a civil dispute.

As for a lien, you can't lien something that you purport to own.

I suggest you confer ASAP with a local attorney. Depending on the terms of your signed agreement and other facts, you might be able to get an injunction to prevent the sale of equipment or an order giving you the right to take possession.