Legal Question in Civil Litigation in California

Re: ID Theft

Probably not. Even assuming the statute of limitations hasn't run, you would face two serious hurdles in such a case.

First, you would have to prove that the company was negligent. The fact that an employee was able to steal your mail does not mean the company did anything wrong. After all, at least some employees must know how the company processes mail, and if one of them decides to steal some of the mail there is little the company can do to prevent it.

The second problem is one of causation. Even if we assume that the company was negligent, its negligence did not cause the employee to use your information. At most the company presented him with an opportunity to get the info, but using it was his own decision. A defendant's liability usually covers the foreseeable consequences of its negligence, but the intentional misconduct of a third party usually custs off the negligent defendant's liability.

These are serious obstacles, though you may be able to overcome them -- especially if this individual had a history of such misconduct which the company should have discovered. The strength of your case will depend upon facts which you haven't provided in your question.

Good luck.