Legal Question in Legal Ethics in California

Predicament:

Before Christmas my daughter that lives in Las Vegas had her car break down. An old friend told her not to worry about it, because he had a Mechanic in Orange County that would fix it and if she would get her car to the AAA in Las Vegas he would have the car transferred down to him and it would be no problem.

The very next day my daughter had her car towed to the Las Vegas AAA and her friend had it towed to the car auction where he was having cars transferred down to Orange County.

A few weeks my daughter was wondering what was happening with her car, so she calls her friend because she noticed that her car was still sitting at the car auction�s parking area. The friend states that everything is fine and he has already ordered the parts for her car � this confused her since he hasn�t even seen the car yet she wondered what parts he had ordered.

Finally, he has the car transferred to Costa Mesa, where he has his mechanic, Zack take it apart and send pictures of the parts he will be replacing.

Almost two months have passed now and still no word on the car. After pleading with her friend she finally gets the phone number and address of Zack to go check on her car.

We go to Zack�s house at 1690 Road Island Circle, Costa Mesa, California where we see my daughter�s car taken apart in Zack�s garage. Zack reassures us that the car will be fixed in no time, so we leave.

That was two-weeks ago � since that last visit we haven�t been able to get the friend or Zack on the phone to find out what�s going on with the car.

Frustrated at this point, I (the father) go over to Zack�s house to speak with him in person. Once I am at Zack�s house I see my daughter�s car sitting out on the street with all the parts he had taken out missing, I am assuming the parts are still sitting on the floor of Zack�s garage where I last saw them. I waited and looked around for Zack but he was nowhere to be found.

My question:

I am planning on returning to Zack�s home tomorrow and calling him until he gets home. I am going to ask him what we owe and have the car towed to my mechanic. I would be done with Zack and my daughter�s friend and have the car fixed on my won. That�s the best scenario.

Now what if Zack is there and he doesn�t give me the car? Can I report the car stolen? What if the car is there and Zack isn�t and I can�t get the parts he removed � can I report the parts stolen?


Asked on 1/15/13, 8:23 pm

1 Answer from Attorneys
Robert Kubler The Kubler Law Firm

Well your car has been vandalized it sounds by Zak aka Zachery Lafata and possibly Steve Lafata who has a criminal record (plead guilty to two felonies for grand theft) according to the OC Superior Court Records in 2010 (its online). I don't know what he stole but it could have been car parts as Steve is associated with a repair shop.

As a vandalized car you can file an insurance claim under a comprehensive coverage, which the police report helps with.

If you went to a legitimate repair shop and they messed up then you would have to go after the shop's insurance.

1690 Rhode Island Circle, Costa Mesa, California

Read more
Answered on 1/15/13, 9:56 pm


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in California