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cal. penal code 490.5(b)(c)

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vg2082

Junior Member
What is the name of your state?
- CA

im 26 yrs of age, and from a rite aid store I had attempted to walk out with 3 or 4 single batteries. They were recovered in extreme 'merchantable condition', never opened, and the total value of all the batteries was $15.00. Ive given them no i.d, but was honest with all my info. I just received the attorneys letter and it says,
"Pursuant to CA. penal code, section 490.5(b)(c), rite aid corporation may proceed with a civil penalty claim against you.
You may settle this matter by making payment to us in the amount of $300 within 20 days of the date of this letter. Upon receipt of full payment and clearance of funds, you will receive a written release of the civil penalty claim".

my question- do i have any choices of taking counter action, I think its pretty bizarre, but should i file anything in return, or will i be wasting my time?What is the name of your state?
 


PJ Weber

Member
my question- do i have any choices of taking counter action, I think its pretty bizarre, but should i file anything in return, or will i be wasting my time?
No

You shoplifted, now it's time to pay up

Ignoring this will get you into bigger trouble

I have seen civil demands of $500 for a $1.50 item that was shoplifted
 
Last edited:
What is the name of your state?
- CA

im 26 yrs of age, and from a rite aid store I had attempted to walk out with 3 or 4 single batteries. They were recovered in extreme 'merchantable condition', never opened, and the total value of all the batteries was $15.00. Ive given them no i.d, but was honest with all my info. I just received the attorneys letter and it says,
"Pursuant to CA. penal code, section 490.5(b)(c), rite aid corporation may proceed with a civil penalty claim against you.
You may settle this matter by making payment to us in the amount of $300 within 20 days of the date of this letter. Upon receipt of full payment and clearance of funds, you will receive a written release of the civil penalty claim".

my question- do i have any choices of taking counter action, I think its pretty bizarre, but should i file anything in return, or will i be wasting my time?What is the name of your state?
Use a “salami ploy.” A salami ploy goes like this:

Tell them that you are broke but that some of your friends and family members have offered to chip in and help you. But the trouble is, even with their help you can only come up with about $250.00, and even then, you would need about 25 days to get it.

Ask them how soon they would need this money, and if $250.00 is acceptable.

The goal is to dissolve their ultimatum into smaller more confusing ultimatums that become more difficult to track and for anyone to comply with.

It will belittle them and force them into a compromising position. They will look mean, cruel, uncompromising, and ridiculous if they don’t accept your offer.

Notice that if your phrase your "offer" just like I suggest it will give you plenty of you to squirm with in the furture. For example, if they accept then you can reply, "Well now one of my friends who offered to help me is out of town. Can you wait 60 days? Or will you accept $198.00?"

Do you see what I mean?

Do you see how this works?
 

Indiana Filer

Senior Member
Use a “salami ploy.” A salami ploy goes like this:

Tell them that you are broke but that some of your friends and family members have offered to chip in and help you. But the trouble is, even with their help you can only come up with about $250.00, and even then, you would need about 25 days to get it.

Ask them how soon they would need this money, and if $250.00 is acceptable.

The goal is to dissolve their ultimatum into smaller more confusing ultimatums that become more difficult to track and for anyone to comply with.

It will belittle them and force them into a compromising position. They will look mean, cruel, uncompromising, and ridiculous if they don’t accept your offer.

Notice that if your phrase your "offer" just like I suggest it will give you plenty of you to squirm with in the furture. For example, if they accept then you can reply, "Well now one of my friends who offered to help me is out of town. Can you wait 60 days? Or will you accept $198.00?"

Do you see what I mean?

Do you see how this works?

Are you really this clueless? All Rite Aid will have to do is file a law suit for the $300 PLUS COURT COSTS PLUS LAWYER FEES. I can guarantee that the thief will end up paying a lot more than $300 if he tries to play your stupid little game.
 

Rexlan

Senior Member
Use a “salami ploy.” A salami ploy goes like this:

Tell them that you are broke but that some of your friends and family members have offered to chip in and help you. But the trouble is, even with their help you can only come up with about $250.00, and even then, you would need about 25 days to get it.

Ask them how soon they would need this money, and if $250.00 is acceptable.

The goal is to dissolve their ultimatum into smaller more confusing ultimatums that become more difficult to track and for anyone to comply with.

It will belittle them and force them into a compromising position. They will look mean, cruel, uncompromising, and ridiculous if they don’t accept your offer.

Notice that if your phrase your "offer" just like I suggest it will give you plenty of you to squirm with in the furture. For example, if they accept then you can reply, "Well now one of my friends who offered to help me is out of town. Can you wait 60 days? Or will you accept $198.00?"

Do you see what I mean?

Do you see how this works?

I think the gene pool was empty when this one was hatched.
 
Are you really this clueless? All Rite Aid will have to do is file a law suit for the $300 PLUS COURT COSTS PLUS LAWYER FEES. I can guarantee that the thief will end up paying a lot more than $300 if he tries to play your stupid little game.
Fat chance in hell. You’re the one who is clueless.

Rite Aid already made him an offer and they can’t rescind it. They said that if he paid $300 within 20 days of the date of the letter that they would send him a written release of the civil penalty claim.

Now lets consider what will happen if vg2082 plays my ‘stupid little game’:

The worst that can happen is that Rite Aid ignores his letter – or sends him another letter in which they reaffirm their original offer. In that case all he has to do is walk back in to Rite Aid and hand them $300.00 cash (or a certified check) on the 20th day.

The best thing that could happen is that Rite Aid responds to his letter with a new more favorable offer.

vg2082 has nothing to lose - and every thing to gain by making a salami maneuver.

The reason you are clueless is because you overlooked this.
 
Are you really this clueless? All Rite Aid will have to do is file a law suit for the $300 PLUS COURT COSTS PLUS LAWYER FEES. I can guarantee that the thief will end up paying a lot more than $300 if he tries to play your stupid little game.
Here’s another thing you are ignoring:

Rite Aid is not the one who awards damages. The judge awards the damages. The judge can set damages anywhere between $50.00 and $500.00.

It’s conceivable that the judge might award damages of much less than $300.00.

You overlooked this. TYPING IN UPPER CASE CANNOT HELP YOU SAVE FACE.
 

dcatz

Senior Member
Use a “salami ploy.”

Under the circumstances, it really doesn’t pain me as it might to be disparaging of another member. I include this high on the list of most misdirected and dangerous advice I’ve seen on FA.

Are you under the impression that the OP is referring to a contract negotiation? Did you really read the posted language? Did you understand that “a written release of the civil penalty claim" omits any reference to the possibility of still being charged with a criminal misdemeanor? Do you appreciate that the written offer of restitution is potentially admissible and that the cost of a criminal lawyer who just might possibly prevent that is going to be 10-20 times the number that you’re kicking around? Do you recognize that this is petty theft and a Penal Code violation that is being discussed? You do understand that, if his gaming is rejected and they tell him to “go pound sand”, that this 26-year old OP may forever have to acknowledge on job applications that he was once arrested and charged with a crime?

To hell with “the judge imposes damages”. The judge imposes sentence. Restitution is just part of it.

“Save face”? What part of a Penal Code offer did you miss?

It’s conceivable that the judge might award damages of much less than $300.00.

Try again:
Petty theft is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both.
Yeah, it’s conceivable that civil penalties could be less than $300, but what about the criminal penalties, once the OP verbally flips them off as you suggest?

You post from a California perspective, so I assume that I don’t even have to link you to the statute, but you should read it all, starting at "Larceny". I would have said that Rexlan’s comment was sufficient, but I don’t think it went far enough in this post.
 

Rexlan

Senior Member
You post from a California perspective, so I assume that I don’t even have to link you to the statute, but you should read it all, starting at "Larceny". I would have said that Rexlan’s comment was sufficient, but I don’t think it went far enough in this post.


To be honest, I had another one ready to go but decided to bite the bullet and let it pass.

OP (vg 2082) you best listen to dcatz as he knows precisely what he is talking about. Don't waste the opportunity.
 

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