Legal Question in Civil Litigation in California
Stolen Property
My son 17, borrowed a video camera from a kid at his high school. The camera was in my sons possession when it was stolen while on the school grounds. I offered to pay for half, but the kid was not satisfied and said he will take it to court. Does he have grounds? Is the worst that could happen is I'd have to pay anyway (beside maybe missing some work)? Can a minor even file a suit? He said his parents don't speak English, so they've never contacted me.
2 Answers from Attorneys
Re: Stolen Property
The worst thing that happens is you have to pay for his camera. Yes a minor can sue in California, through a guardian ad litem. The fact that they do not speak English is also not a barrier to them suing either. I hope that a police report was filed. If you can show that your son was not negligent at all, but rather that the unforseeable criminal conduct of another was the cause of the missing camera, would be a big help towards your case, especially if it goes to small claims.
Very truly yours,
Anthony Roach, Esq.
Re: Stolen Property
Yes. Your son is liable for the value of the video camera. If he is found to have committed conversion of the video camera he will have to pay his friend for its value. And yes, a minor can file a suit against your son.
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