Legal Question in Civil Litigation in California

Last year, my parents bought my niece a laptop. (They live in California, she lives in Arizona.) Recently, my now ex-sister-in-law, who was diagnosed with bipolar disorder but refuses to believe anything is wrong with her, threw my niece (who is 14) and my brother out - keeping their 11 year old son. Jennifer did this at 3 in the morning so all my niece could get was some clothing and her guitar, having to leave her laptop behind. My ex-SIL claims she sold the laptop. (It's quite possible she's lying and keeping it for herself. For some reason she has always hated her daughter. Right down to saying she wished Lauren had died at birth and that when Lauren turned 18 Jennifer was going to put on boxing gloves and "beat her bloody.")

My parents were wondering if they can sue Jennifer over the laptop even though the laptop was a gift for Lauren. Basically suing for it on Lauren's behalf.

We're obviously also worried about my nephew, Zachary, since Jennifer IS bipolar and does not take any medication. She has retained custody of him - having always preferred him over Lauren. She's already poisoning him against my brother, his father. But we really can't do much about that. However, if suing her over the laptop was to somehow bring more of Jennifer's mentally unstable behavior to the surface and help Mark get full custody of Zachary as well....

We're all very angry obviously. She had no right to do any of this. But for some reason Jennifer hates Lauren and will do anything to hurt this innocent girl. So can grandparents living in California sue over a laptop they gave to their granddaughter living in Arizona and stolen by that girl's mentally ill mother?


Asked on 7/27/10, 2:02 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I'm afraid not. The laptop used to belong to them, but then they gave it to your niece. They do not have standing to sue over its loss after they gave it away. They might be able to sue if they become your niece's legal guardians, but even then they would have to sue in Arizona. Whether and how they could do so would be governed by Arizona law.

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Answered on 8/01/10, 2:14 pm
Scott Brear Law Practice of Scott Irvin Brear

Niece does have legal standing, but must sue in Arizona courts where aunt and PC are. This would hardly be worthwhile considering what laptops cost now days. There are other issues surrounding child custody that must be determined by the courts and not assumed by either party. I trust your brother is seeking proper counsel in Arizona. The sooner he gets started the better. He might be able to leverage return of the PC to his daughter via the custody/divorce proceedings, but, again, unless the PC is very important in its own right, I would forget about it and get another one.

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Answered on 8/03/10, 9:45 pm


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