Legal Question in Criminal Law in California

Missing Wallet

Missing Wallet.

On the evening of October 30, 2000 my daughter shopped at a leading store near Lawrence, San Jose and by oversight she had left her wallet in the

cart while returning home. When she reached home, a message in the phone answering machine, from the store, ran as follows:: '' We have found your wallet from the cart. We are keeping it under safe custody in our locker. You may collect it tomorrow morning''

On 31st morning at 10 am my daughter went to the store and the supervisor opened the locker to notice that the wallet was missing. He assured my daughter that they would locate it once the evening supervisor reported for duty at 5.30 pm. He was also surprised that the wallet was missing.

My daughter lodged a complaint with the local police who said, they will register the complaint, but will not initiate any inquiry.

What legal action can we take on the store for damages keeping in view the contents of the wallet as follows:

a. Palm pilot price $300

b. Cash $70

c. Store credit vouchers $300

d. Two credit cards

e. Personal cheque book

f. California driver's license

g. Mental agony and frustration

Please guide.


Asked on 11/01/00, 10:49 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Missing Wallet

Small claims court has a limit up to $5,000.00.

You have a proof problem. There is no evidence that you referred to that any of the property, you listed in you question, was in the purse when it came into the possession of the store.

The most that the store would be liable for would be those items that you can prove were lost after the purse was given to a store employee. Contact the store and ask for the name and address of the person that found the purse and gave it to the store. That person may have some information as to what was in the purse when it was found and given to the store employee.

If you wish to pursue the matter further you should contact an attorney.

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Answered on 11/20/00, 6:05 pm


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