Legal Question in Business Law in California

Re: Is this Civil or Criminal

It is both. You presume that criminal matters cannot also be civil and vice versa, but you are mistaken.

Re: Is this Civil or Criminal

Yes, both. Feel free to contact me if serious about suing.

Re: Is this Civil or Criminal

As a crime, it would be embezzlement, unless he planned to do this before you handed over possession of the equipment, in which case it is larceny by trick. In civil court, it would be a tort known as "conversion" and for which fairly aggressive money damages can be sought per Civil Code sections 3336 to 3338.

A criminal case can only be brought and prosecuted by the District Attorney in the name of the People, but if you wanted to "press charges." the starting point would be a police report. You or your attorney can file and maintain a civil suit.

For an historic example of how wrongs can be both civil and criminal, and with different results, consider the O. J. Simpson cases. First, he was tried for murder, and acquitted. Then he was sued for wrongful death and lost. The different results can be explained by the different standards of proof - beyond a reasonable doubt in a criminal case, and preponderance of the evidence in a civil case. Sort of 99%-1% vs. 51%-49% to tip the scale. (A few civil actions require a higher standard of proof called "clear and convincing," but not conversion or most others.