Legal Question in Civil Litigation in California

Re: Retern of Engagement Ring after break up

To discover the answer to this question, watch 2 or more episodes of "Judge Judy" or the equivalent.

Re: Retern of Engagement Ring after break up

You can file a lawsuit against your former fiance, but in the absence of a written agreement providing for payment of attorney fees (which I doubt you obtained from your former fiance), you will have to pay your own legal fees. Therefore, in order to hire a lawyer to pursue your ex, you will either have to pay an hourly fee or sign a contingent fee agreement that will entitle your lawyer to a percentage of what is recovered. On a more practical note, you will probably have a tough time finding a lawyer who will take this case on a contingency basis, so it is far more likely that you will have to hire a lawyer on an hourly fee.

If you are dead set on suing your former girlfriend, and the amount at stake is close to $5,000, you are probably better off filing in small claims court. You will file and argue your own case (without the assistance of a lawyer), and you will collect all of what you recover (if anything).

Re: Retern of Engagement Ring after break up

You can't get back the engagement ring. I have not seen a court yet that did not treat an engagement ring as an intervivos gift. Intervivos gifts are not revocable. My ex wife kept every diamond/ gold item I ever bought her, and I knew better than to ask for it back.

The theft of the cash is a different money. The tort is called conversion, and you are best advised to sue in small claims court and ask for punitive damages if possible, up to and including $5,000.00.