Legal Question in Criminal Law in California

Re: Lost and Found Cell

Criminal recourse? There is a crime of theft of lost property (Penal Code section 485), but in all honesty, I doubt the case would go very far with the police or the DA. They would have such a headache trying to track down phone records, who was called, etc. that it wouldn't get much attention from them.

Civil recourse? Could you sue for the cost of the phone calls? Sure. The cost of replacing the phone? Maybe - but you lost it originally, so you would have been out a phone anyway. Is it worth it to you (and do you think you could prove your case to a judge?) to go to small claims over a small amount?

Sorry - my advice is replace the phone and chalk it up to experience. Your mileage may vary.