Legal Question in Civil Litigation in California

Is it Legal?

I'm currently going through a divorce.In 1/04, I took a loan of $1k from my mom.She held my wedding ring (valued at 6k) as collateral.Since then, she has removed the 1.02c diamond & 12 accent diamonds from the setting & sold the platium, pocketing the $. I was v. distraught over this & she said she would have the ring put back together. I have asked her several times about the ring (via email-she's in Canada 1/2 the time), and she doesn't respond. The last time I asked about the ring, she said she'd discuss it w/me once the loan was paid off (it's not). I'm extremely upset that b/c there was a loan in place, she felt the ring was hers to do with as she pleases. My understanding was that she would hold it, not destroy it for her own use. This loan was verbal - my ex bought the diamond from my brother & I have receipts for the setting. Is what she did legal or can I sue her to its return or to be compensated for the dismantling? (The loan took place in CA.) I don't want to sue her but don't appreciate her telling me I have no say b/c of the loan. Please advise.


Asked on 5/20/04, 5:07 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Is it Legal?

What your Mother did was totally inappropriate. It also may be an intentional tort, that is a civil wrong, the intentional destruction of anothers property. As a result, she may be liable for punitive damages, as well as the cost of fixing your ring, and the costs of suit. She could, of course, be sued, but it seems to me that if you show her this e-mail, she might be willing to do the right thing to avoid the additional cost and embarrassment of a legal proceeding. Good luck. I would be very angry, if my mother had done such a thing to me, but keep a cool head and that may resolve this matter more quickly.

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Answered on 5/20/04, 6:20 pm


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