Legal Question in Criminal Law in California

B & E - Parental Responsibility for minors' action

Two weeks ago my apt was broken into, items stolen total appx $2500.00 (I have receipts - no renters ins). Two minors were arrested and admitted to the charges. Court is pending-July. I no longer feel safe in my home and am breaking my lease to move. My question. In addition to paying for the items stolen (which they threw away after they learned the police were looking for them), can I make them pay my ''lease-break'' fee? (1 mo. rent-$1500.00) And also ''emotional distress'', I'm seeing a therapist, and started suffering anxiety attacks. Or will I have to sue the parents in small claims and/or civil court? Thank you


Asked on 5/10/05, 8:49 am

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: B & E - Parental Responsibility for minors' action

If you are seeing a therapist, your damages will exceed small claims jurisdiction. Parents are responsible for the willfull unlawful acts of their minor children. Call me directly at (619) 222-3504.

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Answered on 5/11/05, 8:10 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: B & E - Parental Responsibility for minors' action

Contact the juvenile court probation officer assigned to the case or the district attorney and report your damages. If the juveniles are ordered to pay damages it could take years to collect the amount due. The parents may have a home owner's policy that will pay the damages. The insurance company will pay in one lumpsum. The insurance company can collect from the juveniles over a period of time. Ask about that possibility. If necessary you can obtain the services of an attorney.

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Answered on 5/16/05, 9:05 pm
Terry A. Nelson Nelson & Lawless

Re: B & E - Parental Responsibility for minors' action

Parents are legally responsible for the conduct of minors, and can be sued for actual and consequential damages. However, if the parents have no money and assets, then it could be a pyhrric victory. If there is any realistic hope of actually collecting on a settlement or judgment, then give me a call if you are interested in pursuing. They should not get off without consequence. At the minimum, bring a small claims action against each.

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Answered on 5/13/05, 11:06 am


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