Cell phone confiscated by school is lost

[CourtClerk]

It's like getting into a collision ... if my 12 year old Saturn Station Wagon is destroyed, I don't get $20,000 to buy a new one, I would get the market value of the vehicle (maybe $4,000 or less).

- carl

So much for me trying to total out that Ford Pinto my grandparents probably bought brand new....

 

[GulfBreeze]

Just a tad bit of a correction as to the California Courts....



But yep... we're talking value at the time of the phone at the time of the loss, not the replacement value and let's all remember that cell phones depreciate almost (if not as) as fast as cars do... That $200 phone is now probably valued at $49.95, which is what they'd get. And you can get the current value of the phone by contacting the cell phone company.

well...as long as the phone company decides the value and not the school. but again, if this OP is like most of us, with expensive phones and not the throw away freebies, and carries insurance on it, the $50 would cover the cost of a new one. I never said they should hand over $200 cash. Simply offer to do good on their mistake. If they didn't have insurance, then a question of exact value would need to be determined...and not by the school again. I don't believe we saw how old this was...maybe it was new and hardly used. Thus the court might say since they don't have the phone in front of them like in an collision claim (comparing apples to oranges). The phone was not involved in a collision. The phone was stolen by the school...oops, I mean taken and mishandled by the school. The value will have to be based on the current price of the same phone minus depreciation. Let them settle it. We are not the best judge of that and could have a vast range of values.

 

[You Are Guilty]

Insurance is likely a non-issue. Even at the $200 "full" value, odds are the deductible is (significantly) higher. Either way, if valuation is the problem, both sides get to argue why they think it should be $X or $Y, then the court decides. Problem solved.

 

[GulfBreeze]

Insurance is likely a non-issue. Even at the $200 "full" value, odds are the deductible is (significantly) higher. Either way, if valuation is the problem, both sides get to argue why they think it should be $X or $Y, then the court decides. Problem solved.

my phone's insurance (the phone is around the same value, slightly more) has a $50 deductible..that is why i have brought that up. the phone value was actually $299 but with rebates, it was very cheap. to replace it if lost or stolen, i would have to come up with $50.

 

[You Are Guilty]

I was referring to the school's insurance. The phone-owner's insurance (or lack thereof) is unrelated to whether the owner has a cause of action against the school.

 

[JustAPal00]

You just insulted one of our many attorney's on this board.

You need to chew a couple more valium! I didn't insult anyone. I said I've known attorneys to be wrong. It happens all the time. If there is an attorney that is never wrong, he won't have time to post on here. As far as the police being responsible for items confiscated, not so! Get your car towed some time. If it gets broken into while at the impound lot, go to the police asking for reimbursement for the damage and missing items. After the officer is done rolling on the floor in laughter, tell him that they were responsible for the safety of your car and failed in their job and should now pay you. See how far that gets you. We can all argue what we think, but in reality the judge is going to have the final word, if it goes that far. I guess we'll have to see what the results are if the OP posts them.

 

[CdwJava]

YAs far as the police being responsible for items confiscated, not so! Get your car towed some time. If it gets broken into while at the impound lot, go to the police asking for reimbursement for the damage and missing items.

That's because once they have turned the car over to the tow company it is no longer the police department's responsibility.

However! I know of a number of cases where the agency HAS paid off these claims.

It goes back to bailment. In your hypothesis here the police CAN generally laught it off as they do not have possession of the vehicle, they relinquished it to the tow company.

- Carl

 

[GulfBreeze]

You need to chew a couple more valium! I didn't insult anyone. I said I've known attorneys to be wrong. It happens all the time.

ya, ask CHIEN......

 

[Shay-Pari'e]

You need to chew a couple more valium! I didn't insult anyone. I said I've known attorneys to be wrong. It happens all the time. If there is an attorney that is never wrong, he won't have time to post on here. As far as the police being responsible for items confiscated, not so! Get your car towed some time. If it gets broken into while at the impound lot, go to the police asking for reimbursement for the damage and missing items. After the officer is done rolling on the floor in laughter, tell him that they were responsible for the safety of your car and failed in their job and should now pay you. See how far that gets you. We can all argue what we think, but in reality the judge is going to have the final word, if it goes that far. I guess we'll have to see what the results are if the OP posts them.

I don't take valuim, but you can still bite me, although after reading your crap I might call in for one.

Yes, you insulted me, my parenting skills, and a lawyer.

 

[Shay-Pari'e]

You need to chew a couple more valium! I didn't insult anyone. I said I've known attorneys to be wrong. It happens all the time. If there is an attorney that is never wrong, he won't have time to post on here. As far as the police being responsible for items confiscated, not so! Get your car towed some time. If it gets broken into while at the impound lot, go to the police asking for reimbursement for the damage and missing items. After the officer is done rolling on the floor in laughter, tell him that they were responsible for the safety of your car and failed in their job and should now pay you. See how far that gets you. We can all argue what we think, but in reality the judge is going to have the final word, if it goes that far. I guess we'll have to see what the results are if the OP posts them.

My truck would be towed by Ford and it would be secured. You have absolutely no idea how dumb you sound. Heres a thought! Don't have your car in impounded.

 

[JustAPal00]

My truck would be towed by Ford and it would be secured. You have absolutely no idea how dumb you sound. Heres a thought! Don't have your car in impounded.

Or don't have your cell phone confiscated!!!

 

[Jacon89]

My, my, what a thread. Shay-Pari'e, bravo on your patience and willingness to even return to this thread and attempt to enlighten someone who obviously has no intention of admitting to stupidity.

That being said...HAHAHAHAHAHAHA. Wow. JustAPal00.

 

[Zigner]

Clerk -

If the attorney is an employee of the district who is NOT hired solely to represent them in this case, then he CAN show up on behalf of the district.