Legal Question in Criminal Law in California

My friend is an Indian Giver, isn't the Gift legally Mine

A female friend of mine bought me a Saxophone as a gift because I had a great opportunity to play with a well known Singer. There was no written agreement or promise to pay her back. I have had the saxophone for six month's when we got into an argument a few days ago involving my Girlfriend. She took a copy of my house key, without my knowledge and later let herself into my home uninvited. She took the saxophone from me during the argument saying that it's hers. I informed her that I was going to call the police, and she replied ''Go ahead, I got the receipts'' I called the police and filed a report stating that she entered my house and stole my sax. My question is.. Does she have the legal right to come into my home and take the sax that she gave to me as a present?

I have used my sax at gigs that were video taped and have copies of e-mails regarding my sax with the manufacturer. I want to add that she doesn't play the saxophone, I do. Thanks, SDSaxMan


Asked on 9/26/04, 8:50 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: My friend is an ______ Giver, isn't the Gift legally Mine

A gift becomes the property of the recipient, and the giver has no more rights to it than anyone else. Further, even if the sax did belong to her, she would have no right to enter your home without permission in order to retrieve it.

I am concerned, though about your statement that there was "no written agreement or promise to pay her back." It sounds like you are trying to avoid admitting that there was a verbal agreement or promise to do so, and verbal agreements/promises are generally binding. If you had such an agreement, the fact that it was not in writing does not convert the saxophone into a gift.

I note also that the term you use in the title of your question is a racial slur and is surely offensive to the millions of Native Americans who would never do to anyone what your friend has done to you.

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Answered on 9/27/04, 2:31 pm


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