Legal Question in Civil Litigation in California
I can Sue for the value of the missing items, is there anything else???
Too make a long story short, I have a friend (F) was always in need for $$ so I would help her out every now and then. She would never demand or insist that I give her $$$, just make it impossible not to. Stories like My BF took the money that I was going to spend 4 my sons B-Day; you see where this is going. One day she asks if I could let her stay at my home. Her BF is kicking her out. I say sure what ever you need. Gave her a key and help her move. 72 hours later she insisted that I drop her off at her sister�s house. Says she will be back after a bit. She would talk with me every day. One week later she asks if I could pick up her sister, and she will meet us at my home and we could all have dinner. When I was at the other end of town getting her sister, I get a phone call New BF asking when I will be home be cause Marsha locked her keys in the house and still has one more item in there. When I made it home, they were gone and so was my stuff. I have the proof that these two planed this; she left the VM on the phone I gave her. Geniuses these two are not. My Question is can I do anything else then sue for missing items in the house? BF has money so it is not a dead end.
2 Answers from Attorneys
Re: I can Sue for the value of the missing items, is there anything else???
Call the police and file charges; a civil lawsuit is not likely to get you any money from someone who has none. You could file small claims court action for up to $7500 and hope to get a judgment and hope to someday collect if they ever came into money or property.
Re: I can Sue for the value of the missing items, is there anything else???
Sure. You can report them to the police. Doing so will likely lead to their arrest and prosecution.
Your "friend" and her boyfriend committed grand theft if the stolen property was worth more than $400 and petty theft if it wasn't. Depending upon the specifics, the boyfriend may also have committed burglary. They may have committed other crimes as well.
If any of the stolen items was particularly valuable (even if only to you), you can seek an injunction from the civil court barring the couple from damaging or disposing of these items. You may also be able to get an order that they be turned over to you while the case is pending. Such an order would be issued as part of your civil suit against these people, and the sooner you get started the better your chances of getting an injunction will be.
Be sure to preserve the recording from the answering machine as evidence. It could be useful in both the civil and criminal cases.
Good luck.
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