Los Angeles man Matthew Cole will not be reimbursed for what he said was more than $5,000 worth of his belongings sold from his Stor-It Self Storage “locker” in Marina del Rey.
Cole sued Craig Lyons, the owner of the storage center, saying he wasn’t given proper notice that the $41 monthly fee for his 64-cubic-foot rental space was several months overdue. Instead, Cole claimed, the storage center went ahead and sold his belongings, which he valued at over $5,000, the maximum small claims amount.
A slightly unkempt Cole apologized to the court for not being prepared or clean-shaven, explaining his car had been stolen the night before the trial and he had been unable to get into his apartment.
In his car, Cole claimed he had documentation supporting his case –– receipts, letters, a list of the items in question and a letter demanding a stop to the sale. Without these papers, Cole struggled to shoulder the burden of proof against the storage company.
Cole explained the $41 monthly fee was on “automatic charge” from his mother’s credit card. He said he wasn’t notified there was a problem with the billing until two weeks before the contents of the unit were sold, on November 19, 2001. The last payment had been made June 20 of that year.
When he learned of the impending sale, Howard said he called and wrote the storage company, pleading with them not to sell his belongings. It didn’t help.
But Kim Alton, area manager for Stor-It’s parent company, brought documents showing they had sent one notice when the fees were 10 days late, a preliminary lien notice, a lien notice and an auction notice, as mandated by state law.
Commissioner Donna Groman took the matter under submission but ruled moments later, finding that Cole had failed to meet the burden of proof against Stor- It Self Storage. He will not be reimbursed for court costs.
Originally published in the Santa Monica Daily Press print edition on December 23, 2002. Read the original PDF.