Legal Question in Criminal Law in California

Re: Theft Responsibility

Generally the auto repair shop is liable, but you will have to provide proof of your loss. If you do not have receipts, sometimes a list will help. If the property is worth less than $5,000.00, you should file a small claims court action if the auto garage denies liability or amount.

Re: Theft Responsibility

You're in a very special legal relationship called a Bailment. You own the truck and you're called the bailor. There are three categories of bailment. And you're in the one with the highest standard of duty (care) by the person/company (bailee) working on your truck. That is a contract bailment.

Insurance on your vehicle normally doesn't cover the contents. Your homeowners policy or renters policy, if you have either, is the insurance that covers the personal possessions you leave in your truck/car.

In this case of course you were told that the truck would be stored at night in the covered and locked garage, which was not done. So even though a normal contract bailment's standard of care might deny you recovery from the garage working on your truck. By telling you that it would be locked up at night. And then not doing that would be a breach of a specific promise to induce you to leave the truck there to be worked on.

Normally the property owner would have a very low level of care for any vehicle left on their property.

So even if it was broken into during the day or at night the person you sue is the garage owner that was working on the truck. During the day it was very doubtful that any one broke into the truck. But it could have happened then. Duty of care would not have been very great during the day. At night was probably when the truck was broken into, and it was supposed to have been parked inside the building. And because of that promise the duty of care would have been higher.

Any damage to the truck like a broken window would be paid for by your insurance comprehension provision. If you carried more than liability insurance (covers the other guy in an accident) on your truck. This would of course be less your deductible. Which is normally $500.00.

So your remedy is to sue the bastard in small claims court for up to $5,000.00 or in Superior Court of lessor jurisdiction for damage under $25,000.00.

So you sue the garage for the damage to the truck which you may have to then pay to your insurance company and sue for the stolen contents. You may also under bailment law sue for "any other damage" you suffered like lost wages, etc.