Legal Question in Real Estate Law in California
My lost phone was recovered by security at a town shopping center. When I went to recover it the security guard couldn't find it in the locked room only a few people had access to and had no idea where it was . I called property management and they said that a lot of people have access to the room and they cant keep track of who has access. In this case who is liable?
1 Answer from Attorneys
I believe the duty of care that a finder of a lost article owes the owner is termed "slight" in the applicable code. Therefore, I believe that if you went to court, you'd likely lose. However, the merchant or shopping center may believe their public relations are more important than any exercise of legal rights, in which case they might be willing to pay you the fair market value.
Applicable sections of the Civil Code (of California) are 1815(a), 1816(a), 1844, 1845, and 1846(a).
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