Legal Question in Criminal Law in California

Theft of personal property

I have a written agreement with my former roomate to store some items at his place for a couple of months. After 6 weeks I went to collect all the items and some of the items are no longer there. I have discovered my former roomate has sold some of the items to his neighbor. The neighbor is also aware that the items belong to me, but says he bought them at a yardsale.

When I try to explain this to the sheriffs they say it is a civil or small claims issue and not a criminal matter.

I feel it is both . I have already won the maximum in small claims court, but that is still not enough to recoup all the items.

I feel that the former roomate should be charged with theft and the neighbor with possesion of stolen property. That is the only way I will get the heirloom items back that cannot be repurchased. Can't a person be held civily and crimanlly at fault ?

Thanks kc


Asked on 11/09/03, 11:00 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Theft of personal property

Yes. Your former roommate can be held criminally and civilly liable for the same conduct.

I don't understand why law enforcement wouldn't help you here. After all, if the value of your items exceeded the maximum available in small claims court ($5,000) then it was not a trivial crime.

Try reporting this to the sheriff again, and be sure to let them know you prevailed in court. Even if the sheriff is unwilling to do anything, you can also go to your local district attorney and report the crime. The D.A. can prosecute even if there has been no arrest. If the defendants are convicted, part of their sentence will likely be restitution of the amount you did not recover due to the damages cap in the small claims court.

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Answered on 11/09/03, 11:27 pm


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