1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Help

Discussion in 'Small Claims & Municipal Court' started by ToTheFuture2021, Mar 8, 2021.

  1. ToTheFuture2021

    ToTheFuture2021 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    I purchased 8 Pallets of Soil and didn't have enough space to store it. I asked a co-worker if I could store 4 Pallets at his place. He said, "yes". I told him that I would come pick it up around January or February of 2021. I stored it at his place in November of 2020. In January and February of 2021, I called and left him voice messages. I told him I'm not going to have use for it until a later date and if it was okay if I left it there until then. He said, "yes". Now it's March of 2021 and today I texted him in the evening asking about my Soil and that if he needed me to move it I can come move it...if not, I'll come pick it up in April. Then he texted back saying that he thought I didn't need it so he used it for his garden. Then I texted him back saying that I still need the soil and had left him voice messages and text messages. I have text messages between him and I, from 2020 and 2021 related to my Soil and storage agreement...and afterwards.

    I'm going to ask him if he can cover the cost of those 4 Pallets of Soil and if he doesn't do I have enough ground to take him to court and win?

    The cost of those 4 Pallets of Soil is over $3,500+ USD.

    Please, help guide me your honor/users.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    2,035
    Likes Received:
    1,190
    Trophy Points:
    113

    We are only hearing your side of it, but it certainly sounds like you'd have a good claim. Small claims court is inexpensive and informal so the best way to find out is file the small claims action if he doesn't reimburse you for the soil.
     
  3. mightymoose

    mightymoose Moderator

    Messages:
    11,433
    Likes Received:
    1,994
    Trophy Points:
    113

    I agree. It seems you have a good argument to make, however if you hope to remain friends you might find a way to resolve this without going to court.
     
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,065
    Likes Received:
    1,430
    Trophy Points:
    113

    What's your question for us? You either work this out or sue the guy or let it go and, in the future, don't buy stuff that you don't have a place to store.
     
  5. Zigner

    Zigner Well-Known Member

    Messages:
    3,996
    Likes Received:
    2,149
    Trophy Points:
    113

    Why do you believe that the OP can't convince the police to view this as larceny?
     
  6. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,065
    Likes Received:
    1,430
    Trophy Points:
    113

    A pointless question, and I don't recall expressing such a belief. Obviously, if the OP wants to complain to the police, he/she is free to do so, and it will cost nothing but his/her time. Do you believe the OP might be able to convince the police? If so, it might be more productive for you to explain to the OP why you think that.
     
  7. Zigner

    Zigner Well-Known Member

    Messages:
    3,996
    Likes Received:
    2,149
    Trophy Points:
    113

    This is what caused my statement. I apologize if I misunderstood your either/or/or statement.

    Yes, I do believe he might be able to, since this fits the definition. I know that you understand what Larceny is in CA, but this is a good explanation for those who may not:
    California Theft / Larceny Law - FindLaw
     

Share This Page