My question involves small claims court in the state of: California
Not sure if I used the correct topic option.
A few months ago I asked a friend, let us call him friend A, to store a computer, which also included a hi-end monitor, gaming mouse and game pad, temporarily because I was moving in to a new place and it was kind of shady. I initially asked him for one week. He agreed at the end of the week I asked for more time, no specific amount of time was agreed upon. He readily said yes because he liked being able to use my bigger monitor. Later, I texted him about picking up my computer and computer parts. He said he sold it two weeks ago, which, was without my permission and refuses to reimburse me for the cost of what he sold. He claims it was at his house for 4 months and because of that it became his property. Going by the date he told me he sold it, which, I figured out because he texted me he sold it two weeks ago his 4 month number is wrong. It would actually be more between 2 and half months or just under 3 months. Is time a factor?
I do have one witness, which, lets call friend B. Friend A and B are roommates. I asked friend A to store the computer which he did so in his bedroom. And I also asked friend B to store a small box containing expensive legal medical cannabis equipment. Friend B stored the small box in his attic. Later Friend B randomly left to go to Japan for an unknown, unspecified period of time. Approximately two weeks after that is when I asked friend A to pick up my computer and accessories and then he told me he sold it. He did not know about the small box and I hoped to get it back since friend B had disappeared to Japan. I asked friend A if he could return it. He agreed to return the box but claims he could not find it. I want to sue friend A for the cost of what he sold without my permission for the computer and accessories but I would like to get my box back first because I figure if I sue him first he will refuse to get my box. Not sure about how this would factor in to whole thing because it was originally friend B that agreed to store it and I am not sure how its relation to medical cannabis changes the situation. Also, while I did posses the medical cannabis equipment legally I also want to be able to maintain access to federal funds for college tuition which I understand I lose if they find out about drug use and the feds still consider medical cannabis as drug use. How could that affect me? Is there a way to get the testimony of friend B in my case without him coming back from Japan? because I doubt he would be willing to return. Can I postpone my case until friend B gets back? And how long can I wait before I file. Could I just show the judge a video or handwritten statement signed by friend B? Can I tell friend A that if he finds and gives me my box I will not sue him, in order to motivate him, then after I have my box sue him anyways? I also have the email and basic description of who he sold it to and what city that person lives in. Any chance of getting my stuff back that way? Like if I explained the situation to the police would it be considered an illegal sale or something like that and force the guy to return my stuff? Is there a way to get friend B's testimony even if he does not want to give it?
He said he sold it for $250, however, my purchase price for everything was $1550. And I added up the current price of all the parts used on amazon and that comes out to $1305 but that was before the cost of sales tax and shipping can I sue him for that portion as well? What are my chances of winning? Also, how much does all this of cost? Also, how would I go about presenting the cost of what I am suing him for? Do I need to present a receipt for the original parts and proof of current used value? Can I go with current value of the parts new or used? What can I get reimbursed of I win? Can I use the texts he sent me as part of evidence? Not sure if this will hurt my case but I posted briefly about what happened on my facebook page will this hurt me?
Thank you for your help and suggestions.
Not sure if I used the correct topic option.
A few months ago I asked a friend, let us call him friend A, to store a computer, which also included a hi-end monitor, gaming mouse and game pad, temporarily because I was moving in to a new place and it was kind of shady. I initially asked him for one week. He agreed at the end of the week I asked for more time, no specific amount of time was agreed upon. He readily said yes because he liked being able to use my bigger monitor. Later, I texted him about picking up my computer and computer parts. He said he sold it two weeks ago, which, was without my permission and refuses to reimburse me for the cost of what he sold. He claims it was at his house for 4 months and because of that it became his property. Going by the date he told me he sold it, which, I figured out because he texted me he sold it two weeks ago his 4 month number is wrong. It would actually be more between 2 and half months or just under 3 months. Is time a factor?
I do have one witness, which, lets call friend B. Friend A and B are roommates. I asked friend A to store the computer which he did so in his bedroom. And I also asked friend B to store a small box containing expensive legal medical cannabis equipment. Friend B stored the small box in his attic. Later Friend B randomly left to go to Japan for an unknown, unspecified period of time. Approximately two weeks after that is when I asked friend A to pick up my computer and accessories and then he told me he sold it. He did not know about the small box and I hoped to get it back since friend B had disappeared to Japan. I asked friend A if he could return it. He agreed to return the box but claims he could not find it. I want to sue friend A for the cost of what he sold without my permission for the computer and accessories but I would like to get my box back first because I figure if I sue him first he will refuse to get my box. Not sure about how this would factor in to whole thing because it was originally friend B that agreed to store it and I am not sure how its relation to medical cannabis changes the situation. Also, while I did posses the medical cannabis equipment legally I also want to be able to maintain access to federal funds for college tuition which I understand I lose if they find out about drug use and the feds still consider medical cannabis as drug use. How could that affect me? Is there a way to get the testimony of friend B in my case without him coming back from Japan? because I doubt he would be willing to return. Can I postpone my case until friend B gets back? And how long can I wait before I file. Could I just show the judge a video or handwritten statement signed by friend B? Can I tell friend A that if he finds and gives me my box I will not sue him, in order to motivate him, then after I have my box sue him anyways? I also have the email and basic description of who he sold it to and what city that person lives in. Any chance of getting my stuff back that way? Like if I explained the situation to the police would it be considered an illegal sale or something like that and force the guy to return my stuff? Is there a way to get friend B's testimony even if he does not want to give it?
He said he sold it for $250, however, my purchase price for everything was $1550. And I added up the current price of all the parts used on amazon and that comes out to $1305 but that was before the cost of sales tax and shipping can I sue him for that portion as well? What are my chances of winning? Also, how much does all this of cost? Also, how would I go about presenting the cost of what I am suing him for? Do I need to present a receipt for the original parts and proof of current used value? Can I go with current value of the parts new or used? What can I get reimbursed of I win? Can I use the texts he sent me as part of evidence? Not sure if this will hurt my case but I posted briefly about what happened on my facebook page will this hurt me?
Thank you for your help and suggestions.
Case Scheduling: Do I Have a Case
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