Legal Question in Criminal Law in California

What is the statue of limitations on theft in California? In Feb. of 2007, my boyfriend at the time was taking care of my car while i was in the hospital for almost 6 months. Shortly after we broke up. We have not seen each other in over 2 years but have talked on the phone off and on when he picks up his phone. He still has the car. Now July 2009 2 1/2 years later can I report it stolen or do i need to go to small claims court for the car?


Asked on 7/28/09, 5:43 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Three years on an auto theft. Assuming you ever demanded that he return the car to you and he refused, yes you can go to the police, report it stolen, and get the court to order him to pay you restitution. The theft did not take place when he first got the car, as you gave it to him to use while you were in the hospital, but once you demanded its return and he refused, the limitations period of 3 years began to run. If you never demanded it back, then there was no theft. Asking him, "When can I have my car back?" is not a "Demand" for its return. It's a negotiation.

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Answered on 7/28/09, 6:26 pm


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