Neff v. Boschee CA2/6

Filed 3/5/21 Neff v. Boschee CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

BURKLEY NEFF et al., 2d Crim. No. B299670 (Super. Ct. No. 56-2015-00471260- Plaintiffs and Respondents, CU-WE-VTA) (Ventura County) v.

HOLLY BOSCHEE,

Defendant and Appellant;

VERE ENTERPRISES, INC. et al.,

Defendants and Respondents.

Holly Boschee appeals a judgment entered in favor of Burkley Neff and Renita Kay Griffin following a jury trial. This lawsuit concerns the lock-out of Neff and Griffin from Neff’s Fillmore home following foreclosure proceedings. Their possessions, including sentimental personal property, were removed from the home and damaged or destroyed when placed in a trailer and open boat parked outside the home. Following a

jury trial, Neff and Griffin received a verdict for economic and noneconomic damages against Boschee, real estate agent Carol Anderson, and real estate firm Vere Enterprises, Inc., doing business as RE/MAX of Valencia.1 Boschee appeals and raises claims of error regarding the jury instructions and special verdict form. We reject these contentions and affirm. FACTUAL AND PROCEDURAL HISTORY On September 3, 2015, Neff filed a verified first amended complaint alleging causes of action for wrongful eviction and conversion, among others. Neff alleged that he was the owner of residential real property located at 353 4th Street in Fillmore. On June 2, 2015, Bank of America held a foreclosure sale of the property. Neff and Griffin were then in legal possession, but temporarily residing elsewhere, caregiving for an elderly family member. Prior to the date of the foreclosure sale, Neff permitted Boschee to move into the property as a caretaker. The complaint also alleged that following the foreclosure sale, Anderson contacted Neff and offered him “cash for keys.” Neff refused. Anderson then contacted Boschee and made the same offer. Boschee accepted, and then carelessly removed Neff’s and Griffin’s possessions, placing them in a boat and trailer parked in the driveway and exposing them to the weather. Boschee and RE/MAX also changed the locks to the property. At that time, Bank of America had not served Neff with a notice to quit the premises or an unlawful detainer action. The complaint