Legal Question in Civil Litigation in California
On April 19, 2010 my boyfriend and I went to a bar to hear a band play to celebrate his Birthday. I was dancing on the stage. I was told I tripped on the saxophone player�s sax and damaged it. He did not see me do it. He was very rude to me yelling at me telling me he was going to call the police. To calm the guy down my boyfriend gave him his ID and our phone number. The guy, Gabrielle Sundy won�t talk to me to discuss the situation, he talks to my boyfriend who had nothing to do with the so-called incident. He is threatening to take me to court to pay for the damages. I have no job, no income to pay for his sax and he has admitted he had damaged his sax prior to him accusing me of doing it. Does he have a case?
2 Answers from Attorneys
Maybe, maybe not. Let him take you to court and see who wins. Some boyfriend you have giving out your personal information. Your homeowners' or renters' insurance might cover the loss.
Whether or not he has a case will depend on many things, including, but not limited to his ability to prove that you are the one that actually caused the damage. There is, however, nothing to be gained from trying to discuss this with him further so you (and your boyfriend) should not. If he sues, he sues. If he does, you can ask your homeowners/renter's insurer if it is covered but that is unlikely.
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