Legal Question in Criminal Law in California

Re: FedEx package signed by wrong person

FedEx is blameless, since it delivered the package to the address the sender specified. If you want to claim it, you will need to deal with the person who has it. Have you tried asking for it? If that doesn't work, you can sue him. Barring some very unusual circumstances, you will have to file in the state court for the county where he lives, even if that is nowhere near your current address.

Re: FedEx package signed by wrong person

Your question is interesting! and although I am not sure of the correct answer, maybe thinking through it will provide some information. Although Fed ex delivered the package to the wrong person they did deliver it to the address provided to them so they probably were not negligent in their actions unless they ensure that type of thing will not happen. Furthermore this can not be the first time this has occurred so Fed ex is probably not your answer. However, the person who signed for it either knew or should have known or shortly after receiving it became aware that he was not the intended receiver. So although he may not be liable for intentionally taking property which was not his, he may be liable for keeping it from the rightful owner. Your best solution maybe to simply ask the person in possession of the package to turn it over to you. You may want to offer him some type of small incentive for any inconvenience it has caused him such as his time. He may simply give it back and that will be the end of it. However, if he keeps it and knows it is someone else's property some form of theft will apply although I would have to research case law to really know the exact criminal offense. In a civil court the tort would be conversion and the damages would probably be the value of the loss. Your best civil recourse, depending on the value of the package contents maybe small claims court. If the value is over $7,500.00 you may want to consider superior court. My advice is that you simply ask for your property to be returned. If that does not work then contact a personal injury attorney and request a consultation. Most of them offer a free consultation. If that does not work, go to the closest small claims court and ask for some assistance. Explain your situation and see what they tell you. Good luck