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CA - Can I sue Party "A" for property that Party "B" stole?

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Cowboy1948

Junior Member
What is the name of your state?
California ...

I live with a roommate. When I was out of town she invited a "boyfriend" over. Upon my return a week later I noticed someone tampered with my medicines underneath the sink. I discovered over $1200 of viagra and livitra pills missing, and my leather concho belt (and who knows what else I'm unaware of). I asked my roommate if she invited anyone over and did they go upstairs (we live in a two-story apartment). She said yes, her casual boyfriend she just meet a couple weeks ago who spent the night. She told me she authorized him to enter my personal bathroom as he wanted shaving lotion. She also told me she didn't pay attention to what he was doing.... When I told her what was missing she called his cell and told him it was important he call. No return call. A few days later I told her to tell him about the theft and that he was the only one who had access to my things and that a police report will be filed against him if he didn't return the items. He never returned the call, or subsequent calls. She then found out he "fled" the area and headed up north and she never heard from him again. ... I filed a police report, they took prints but he was nowhere to be found... My roommate also said he had no money and was without a job...

My question is ... who is responsible for my loss? My rooommate let him in the apartment and gave him the okay to gain entry to my private bathroom without my permission or knowledge. But he was the one who actually stole them. Can I recover my losses from the roommate due to her negligence or do I have to persue this guy who has fled and nowhere to be found? Bottom line is ... if the roommate didn't let this guy in the apartment I would have not incurred the loss. Thanks for your advice.
 


FlyingRon

Senior Member
This isn't a criminal question you are asking. You can try small claims court, but generally unless your roommate had reason (or should have had reason) to know that her boyfriend was going to steal things, she really was under no duty or liability to do anything to stop it.
 

Cowboy1948

Junior Member
Can I sue Party "A" for property that Party "B" stole?

Yes I can see criminally she is not liable. I feel she is responsible though. I'll ask in small claims court then. Thanks.
 

FlyingRon

Senior Member
Yes I can see criminally she is not liable. I feel she is responsible though. I'll ask in small claims court then. Thanks.
She doesn't have civil liability unless she should have known he was likely to steal something.
Of course anything can happen. Does she have enough money to pay such a judgment? What is your relationship going to be like once you sue her?
 

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