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i had a storage in Public storage. I was 2 months late, and they filed a lien sale. i filed an opposition to lien, They filed a lawsuit for breach of contract on July 10,2009 and i filed answer with proof of service on July 20, 2009. They haven't file any other case management statement etc since then. Today October 6, 2009 i tried to call the Public Storage and see if i may settle the case, i checked the court record and nothing shown after July 20, 2009. The staff, to my surprise, told me my personal property had been auctioned off on August 10, 2009. I called the district manager and asked why it happened ( i know the procedures quite well that they could not sell my stuff without court judgment), the manager hung up on me and said she will talk to her lawyer first.the value of my items worth more than $70,000 (that was what my insurance insured for), can i counter sue them Public Storge for illegal conversion ? should i filed a police report to report my stuff being stolen first)
State/Country relating to Question: California
yes, you have a clear cut case of conversion. you do not need to report the items stolen however.
thanks. should i file a cross complaint (now the complaint is answer within 10 days of postmark, but no case management is scheduled. i wanted to report the properties being stolen , was trying to see if i could get the name of auctioneer voluntarily from the staff worked there
yes, you cross file, but be sure that you can cross file in the same court. I assume the matter is currently in Small Claims court, given the value of your claim it will have to moved to District Court.
No, it was in Orange court.-- it is a breach of contract/foreclosure of commercial lien with 10 days answer . thanks for your help. i know it is pre-mature, are you in CA that may help me represent my case (i will contact you offline since you had answered my question very clearly)-- i m looking at a contingency-based lawyer as i have a good chance winning.
unfortunately per JA rules we are not able to take customer cases.
Attorney
Negotiate, Draft, and Review many complex commercial agreements each year.