Legal Question in Criminal Law in California

Personal Property

I would like to find out what the laws are on suing my company for loss of personal property due to a major robbery? We have been told that no personal property items would be replaced. We were in the building of our former company who has a contract with my current company. Our office were robbed and besides company owned computers being stolen, they were several personal items taken. i.e. Palm Pilots, Stereo Systems, Calculators, Cell Phone Acessories. As a small group we are considering taking them to small claims court for the money to replace these items. I would like to know what our rights are. I have already contacted by insurance agent but my home owners deductible fee is larger than the amount of property stolen. help?


Asked on 8/14/01, 5:13 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Personal Property

This is a civil matter between you and the employer or former employer.

The status of the property was probably a mutual benefit bailment with you as the bailor, and the other party(ies) as the bailee(s). There are three degrees of bailment. Contractual, mutual benefit and incidental from the highest degree of care to the lowest degree care by the bailee.

Normally when there is an intentional theft or tort the mutual benefit bailor has no responsibility. So baring some additional facts sue in small claims and hope the judge might know more about the subject than I do.

There is a code section that makes bar and restaurant owners strictly liable or responsible for the musical instruments of musicians left in the establishment overnight. This is also a bailment. However, I'm not aware of any other occupation that has a similar provision.

Your deductable would be against your homeowner's policy and I'm not aware of these policies carrying very large deductables. I just lost a cell phone while driving around in my car, and I was paid the value of the phone less some depreciation.

Lots of luck

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Answered on 8/15/01, 5:40 pm


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