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?


Asked on 10/15/10, 11:27 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 10/20/10, 11:37 pm
George Shers Law Offices of Georges H. Shers

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.

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Answered on 10/21/10, 6:41 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 10/21/10, 9:34 am


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