Legal Question in Real Estate Law in California

I am trying to figure out if it would be worth my time to take my roommate to small claims court. About two months ago I took a vacation for about a week. When I returned my roommate had taken my ipod player to a snowboarding trip without my permission and when he returned it it no longer worked. Also about a week later he celebrated his birthday. The people involved in the party returned to our home that evening (including myself) and continued the party at home. I went to bed with my headphones on as the night was a little too dramatic for me. The next morning when I woke up my JBL speaker system had been blown out. I found a video recorded of all of them dancing to music and the exact point where the speakers blew. All together I would be sueing for $250 plus filing fees. I have asked my roommate politely to replace these thingsseveral times to which he agreed, but 2 months later no replacements... Also, I am trying to figure out if I should file a seperate claim against my roommates boyfriend who has been living with us for free as he was the one in the video controlling the stereo that night. Or should I hold my roommate responsible for all of it since he in a sense responsible for his boyfriends actions in our home? Do I have a good case or no?


Asked on 4/12/10, 1:28 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

They blew your -JBLs-? Sacrilege! I would sue their pants off. You aren't suing for enough money. Add on every stain on the carpet Be creative. Sue everybody involved and let the judge sort it out.

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Answered on 4/17/10, 2:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would be a little more cautious. Maybe wait until you are no longer roommates. The atmosphere at home would get very frosty, and maybe there would be retribution. If you do sue, I think your cause of action would be labeled "trespass to chattel" (as opposed to trespass to land) or "injury to personal property" and the statute of limitations would be three years from the time of the harm done. The practicality of your proposed suit would also depend upon the quality of your evidence, but it sounds as though you do have some proof.

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Answered on 4/17/10, 3:11 pm


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