Legal Question in Civil Litigation in California
penal code 490.5 sections (b) and (c)
my son was detained by store
security for shoplifting a shoe
lace. his friend that was with him who opened the package and placed the item in my son's pocket told the security that he was to blame. the security off.
stated that he would only give
my son a verbal warning. a few
days later i received a letter
from a law off. asking for $514.98 to stop any further
civil penalty. what can i do?
2 Answers from Attorneys
Re: penal code 490.5 sections (b) and (c)
Pay or fight. If the store prosecutes and files criminal charges, he will need criminal defense counsel. Feel free to contact me if that happens. IF you hire an attorney to respond to the store's outrageous demand, they may choose to drop and not pursue it. Contact me if you want to try that approach.
Re: penal code 490.5 sections (b) and (c)
That sounds fishy to me. Penal Code section 490.5 subd. (b), which appear to apply in this situation, would limit the store's maximum damage award to $500.00 plus costs. Costs are things like filing fees and service fees. The fact that they are demanding more than the statute would give them raises suspicion already.
If I were you, I would read Penal Code section 490.5 subd. (b) and look at the annotated code section in a local law library for case decisions on the statute.
This would appear to be a small claims type matter, and you will have to educate yourself prior to any hearing.
Very truly yours,
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