Legal Question in Civil Litigation in California
Theft of valuables by daughter's associates.
My daughter had an aquaintance that spent two nights with her in our home while we were away. In the process the friend invited two known individuals over to the home and in the process thousands of dollars of jewelry, money and a car was stolen. One of the individuals was questioned by the police and he told the police that he had the jewelry in his bag at one time but did not know how it got there. He indicated the other party with him took the jewelry from the bag for himself. The police has not been able to recover any of the jewelry or money. I would like to take legal action against either or both of the individuals. Based upon the limited information can I pursue a civil suit against the individuals?
3 Answers from Attorneys
Re: Theft of valuables by daughter's associates.
Just wanted to add one more opinion to those you've received from other attorneys.
Although you can always sue anyone, for almost any reason, (and that answers the first part of your question), the problem in your case is really one of proof -- and of ability to collect a judgment.
For most causes of actions, you have a one year statute of limitations and so you will need to file before that date, or you may lost certain rights forever.
Thanks, and best of luck. If you have more questions or want additional information, please feel free to call my office toll free at 1-877-568-2977 or email me personally.
Re: Theft of valuables by daughter's associates.
Yes. You have a civil action available to you as long as you can prove the theft was done by them. The problem will be in collecting monetary damages since they may be judgment proof.
Re: Theft of valuables by daughter's associates.
Thank you for your inquiry.
Absolutely. You certainly have civil remedies available to you. The facts indicate that you have a strong case. A thorough assessment concerning an ability to collect is important, however. I would be more than happy to speak to you about the factors you should look at when assessing whether a civil suit is advisable.
I would also recommend that you keep on top of the police. Continued investigation may turn up your property. Whether property is recovered or not, this is certainly a case that appears appropriate for prosecution.
Please contact me should you need any assistance at (415) 209-6332.
NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com
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