Legal Question in Criminal Law in California

My Aunt broke into my mother's house though a window and took my washer and dryer which I was keeping there as I had no room for them in my apartment. Now she will not give them back until a personal matter is settled between herself and my mother. I want them back, i have a bill of sale from Home Depot but no serial number. I also have an email from my aunt stating she has them. Is it better to pursue this in Small Claims or file a Police report and make it a criminal case?


Asked on 6/29/14, 10:17 am

2 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

You can do either. It certainly sounds like a first degree burglary but the district attorney may not file seeing it as a family matter. Whichever you choose you may not get the washer and dryer back. You may only get an order for restitution in the amount that you paid for the machines

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Answered on 6/30/14, 8:52 am
Anthony Roach Law Office of Anthony A. Roach

I suggest filing a police report and showing them the documentation that you have. You should also pursue this civilly if you can.

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Answered on 7/02/14, 8:01 am


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