Legal Question in Criminal Law in California

Monetary Gift Box Missing - Possibly Stolen

My wife and I were recently married this past weekend at an Orange County restaurant. Our reception and ceremony was held at the same location where we had 200+ guests in attendance. For this occasion, the restaurant lended us a white lock box to hold any monetary gifts that our guests would have given us. This box was locked and positioned next to the other wedding gifts.

At the end of the evening, the box was to be unlocked by the restaurant management and the contents delivered to us. However, in this particular instance, the box was instructed by restaurant management to be carted out with the rest of our gifts to the limousine awaiting in front of the restaurant. This is where the locked box was last seen.

Since the incident occurred, my wife and I filed a police report. We have also spoken with management from both the restaurant and limousine company. Both parties deny any involvement with the missing lock box. The restaurant servers claim the box was delivered to the limousine whereas the limousine driver claims the box was never received. At this point, it appears the lock box is not going to surface and negotiations with the two parties involved is going nowhere.

Should we file a small claims lawsuit?


Asked on 5/05/06, 1:09 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Monetary Gift Box Missing - Possibly Stolen

It sounds to me like somebody stole (converted) the lockbox. Based upon the fact pattern that your articulated, it would seem to me like the restaurant would be liable for negligence and not doing what they said they were going to do, and potentially for negligent supervision and hiring. If you can somehow quantify the amount of money that was in the lockbox by talking to the guest at your wedding, you may have a great case against the restaurant for negligence. At the same time, I would sue the restaurant, the limousine company, and the limousine driver for conversion as well as negligence. I do not think a jury would take kindly to someone's stealing wedding gifts, or negligently losing them. If you're in Southern California may call me for free consultation. My contact information is in the attorney profiles section of this web site.

Read more
Answered on 5/12/06, 12:43 pm


Related Questions & Answers

More Criminal Law questions and answers in California