Landlords sell tenants' personal property: Wrongful conversion: Failure to advertise public auction: Emotional distress: Settlement

Law Reporter, Feb 2002

Garcia v. Harding, Cal., Los Angeles County Super. Ct., No. VC 031741, Apr. 23,2001.

In 1998, Garcia and her son entered into a lease with the Hardings for a single-family home. After the Garcias failed to pay the rent, the Hardings brought an unlawful detainer action against them, in which they were awarded a default judgment and given a writ of possession. On the date of execution of the writ, Garcia filed for bankruptcy, resulting in an automatic stay of the execution of the writ. The Hardings then asked the bankruptcy court for relief from the stay, which the court granted. The writ was subsequently executed, and the Hardings took possession of the property.

Most of the Garcias' personal property remained on the premises. The Hardings served a notice of abandoned property and, approximately 15 days later, sold the property at auction. As a result, the Garcias suffered emotional distress and a loss totaling $36,000.

The Garcias sued the Hardings, alleging, among other claims, conversion of their property and abuse of process. Specifically, plaintiffs claimed defendants wrongfully obtained a writ of possession and wrongfully converted all of plaintiffs' possessions, including irreplaceable items.

Plaintiffs also claimed defendants failed to comply with statutory provisions requiring them to advertise a public auction of tenant property remaining on premises after a lease is terminated. In addition, plaintiffs alleged defendants ignored their demands for return of their property after defendants took possession of the property.

Defendants argued that they served a notice of abandoned property in accordance with statutory provisions, and the failure to advertise the auction was an oversight.

The parties reached a settlement totaling about $11,800.

Plaintiffs' Counsel

Michael A. Tudzin, Woodland Hills, Cal.