Legal Question in Criminal Law in California

Girlfriend's gift being claimed as a theft

While living with my girlfriend, she purchased a few items for me like a tool box (among other similar items) to ''keep the garage tidy.'' Upon breaking up and moving out, I took this tool box with me. I was under the impression it was a gift. She has the receipt and is now claiming that I stole the tool box. She also states that this was for our joint hobby. It was not used in our hobby.

Can I get charged with theft? If this goes to small claims court, what is the likely outcome? Thanks.


Asked on 12/11/05, 12:38 am

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Girlfriend's gift being claimed as a theft

What is her hobby? Is this just a box, or is it one of those tool chests mechanics use? If the box is not worth more than $50, give it back to her to end the dispute and go buy your own. Suits like this in small claims court just clutter the system. Settle it, and move on.......Good luck.

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Answered on 12/12/05, 12:10 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Girlfriend's gift being claimed as a theft

I am sure there are women who buy themselves tool boxes for their own use -- for example Mona Lisa Vito the auto mechanic from My Cousin Vinny -- but if I were a judge I would consider such a story improbable.

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Answered on 12/12/05, 2:27 am


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