On September 29, 2017, the Piccuta Law Group received a policy limits offer to settle a claim against a self-storage facility located in Monterey County. The firm’s client had previously rented a storage space at the facility where she was storing a lifetime of collectibles and other possessions. The firm’s 67 year old client was a former antique store owner and collector. The storage unit she was renting contained many of these valuables as well as other irreplaceable items such as family photographs and her son’s baby portraits.
The firm’s client always timely paid her storage space rent. Despite always making her payments, the storage facility sold all the contents of her rental unit at a public auction. The storage facility claimed they made a mistake and meant to sell the contents of another storage locker where the rental payments were delinquent. Under California Business and Professions Code, self-storage facilities have the right to auction the contents of a storage locker when rental payments are not made. The Code requires that strict notice procedures of the sale be followed which include taking steps to see that the individual renting the storage space has notice of the sale.
Needless to say, these procedures were not followed with respect to the sale of the client’s belongings. More importantly, the storage facility had no right to sell the belongings in the unit at all as the client was not delinquent on her rent. The law in California holds that an individual whose items are wrongfully sold by a storage facility may be entitled to recover the amount for those items as well as emotional distress damages and attorney’s fees.
The Piccuta Law Group handles a variety of cases. In addition, to civil rights, personal injury, accident and police misconduct cases, the firm also handles civil disputes where an individual or small business owner has been harmed. Contact the firm today for a free case consultation. One of our attorneys is available now to discuss your case.