Legal Question in Real Estate Law in California

My friend pawned a scroll saw and another power tool that belonged to his boss without his bosses permission. He then purchased the items back and returned them to his boss. Is he liable to face any repercussions for this action?

Furthermore his boss is holding items of his in the shop even though his items were returned. What actions can he take?


Asked on 3/16/10, 4:15 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

What your friend did is called conversion. It is both a crime and a civil cause of action. Even though he returned the items, the damage is done, and he has committed the act. From a civil perspective, the boss's damages can't be much (loss of the use of the tools for some period of time, any damage that was done to the tools), but the crime doesn't necessarily go away because the tools were returned. He could definitely face problems for what he did if the boss choses to contact the police and file a police report.

To get his items back, your friend will have to file either a civil lawsuit, or will have to file a police report. I'm not sure he wants to open the can of worms the second avenue will open, so my suggestion is that your friend needs to talk to the boss, and find out what he wants to return his tools and make this just go away. There has to be something more to this, as I can't see why the boss wouldn't return his employee's tools once he received all of his tools back.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/22/10, 9:28 am


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