Legal Question in Personal Injury in California
Rights and priviledges of independant security guards.
I'm not sure if I chose the correct subject, a few nights ago I was in the park provided by the homeowners association where I live and a private security guard came up to hassle my friend and I as it was after 10pm and the park was closed. I understood this and would have been happy to leave, but instead he chose to harass us more. In the beginning he asked to see ID which I had and my friend did not, so I handed him my little wallet thing and he himself took out the ID, after about a minute more of conversation he just walked away without saying a word, with my ID in hand. The only ''crime'' committed is ''tresspassing'' in my own neighborhood because it was after 10pm. Is that legal what he did, Stealing my drivers liscense like that? I would like to know before I go discuss what is to be done about getting it back. Thank you in advance for your counsel, it is very appreciated.
2 Answers from Attorneys
Re: Rights and priviledges of independant security guards.
Go to your local police department and file a complaint (1) for theft of your DL, and (2) for harrassment.
Getting a new DL is also an option. However you must tell them the truth, in which case the DMV may refuse to issue you a new DL. If that occurs you may do the following.
File a lawsuit against the security company, the guard and HOA for (1) intentional infliction of emoptional distress, (2) conversion of your DL, (3) negligence, (4) breach of contract "security agreement," (5) negilgent hiring and retention.
For damages you may claim inability to drive to work and other places, since he deprived you of your DL and it is illegal to drive without a DL. You may also take a taxi to work or hire a driver for every day that they fail to return your license and hold them accountable for the monetary loss that you incurred in paying the driver or tha cabs, as well as your lost wages due to missed work.
I would write a detailed letter in triplicate to the security company, the guard, and the HOA explaining your position. Make sure it is delivered by certified mail and keep copies.
Good luck.
Re: Rights and priviledges of independant security guards.
Contact the security company and demand that they return your driver's license immediately. If they do not respond then go to the dmv and apply for a duplicate driver's licenes. Sue the security company in small claims court for the cost of replacing your driver's license. In clude a charge for your time in contacting the security company and time involved in going to the dmv to obtain a duplicate driver's license.
Further is would not appear that you were trespassing as you had the right to be there. The only violation would the association rules, which normally would not be a crime.
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