Legal Question in Real Estate Law in California
I had my car stolen recently due to the city failing to turn on the street lights after numerous requests, can I do anything about this?
3 Answers from Attorneys
No, your car was stolen due to some thug who decided to hot-wire it and drive off. But you could sue the city for negligence if you can find some law or regulation that says they have to maintain that particular street light. You have six months to present a claim to the city, and six months after they deny or reject the claim to file a lawsuit. Do not file a lawsuit without going through the claims procedure first. Best of luck.
I doubt you have any basis to win a lawsuit. First you have to show that had it not been for the street light not being on the vehicle would not have been stolen. The person who took the car will not be found and would not testify in your favor. You have the burden of proof.
Once you overcome the major burden of showing causation, you need to show that at a time when cities have little money, it was an abuse of discretion for the city to decide not to turn on the lights. I doubt you could show that. So you would lose.
I agree with both answers. Suits against government entities usually require a claim-presentation procedure, a relic of the days when "the king could do no wrong." Your chances of prevailing do not warrant the cost to hire a lawyer to file the claim then prosecute the lawsuit when the claim is rejected. Your recourse is to file a claim with your insurer.
Related Questions & Answers
-
How do your know if you were illegally foreclosed on by chase bank? Asked 10/15/10, 6:06 pm in United States California Real Estate and Real Property