Legal Question in Civil Litigation in California

I was shopping today at my university book store and I bought 15 items worth $60 but I forgot to pay for a cream that was worth $2.99. It was really an honest mistake bc I kept all the items in a bag that had my books in it and i just didn't see it. they of course approached me as walked out and gave me a civil demand letter asking for $350. Is there anyway to dispute this charge or at least get it reduced? Also, the two students that "caught me" went through my valet, through my credit cards, the prescriptions I had for my medicine and everything else I had in my valet. This is when I had already provided them with my DL, school ID and the receipt for my merchandise. When asked why they are going through my private stuff they responded that it was actually procedure which I thought was absurd and thought they were doing it out of curiosity than following procedure . Is it really procedure for "student agents in training" to go through my private stuff without my permission when I have already given them what they asked for?


Asked on 12/22/09, 7:30 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I hope this was not at my alma mater.

1) stores are entitled to recover their damages incurred because of shop lifting. But how do they come up with the figure of $350 for every instance; at best itis an estimae of the average cost to cover personnel and items stolen. I fact it is a figure they think they can get away with. I would write to them with a copy to the Dean of Students pointing out you did not notice the cream because of the large books you bought, you had forgotten about it because it is nothing special, and you had not actually yet left the premises of the store so the crime of shoplifting hadid not yet occurred. You demand an itemized in detail statement as to all the costs that make up the $350 charge, they cite to you what laws allow them to try to impose anyfine, charge the want to.

2) the security guards had a right and reason to check to see whether you might have an other shop lifted merchandise, but it does sound as though they were more invasive then they needed to be. Demand a copy of the training manual and instructions guide so that you can see what the basis of the demand is.

You can probably get away with not giving them any money.

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Answered on 12/27/09, 8:11 pm


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