Need some advice on a phone theft

[ferrari353]

In all honesty, if I were your Mom, I'd have told you that you shouldn't have had your phone on you at the meet (should've been in your bag (*)), so suck it up.

(*) My daughter's coaches don't allow cell phones anywhere near the field - they stay in the locker room during practice and games. Having a cell with them (except in case of an emergency, in which case the coach holds on to it) earns punishment sprints the first time. Off the team the second.

the meet was basically over and we don't use the locker rooms. That's not the point though, I need to find out if I could file a suit and if I have a case.

 

[BOR]

Here is CA's statute on it.


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=02001-03000&file=2080-2080.10

Poster, it had to have been seen when it fell out to be picked up that quickly, therefore the "rightful owner", you, could be "readily identified", so any other act but to give it back is a violation of the Civil Code.

This conforms with my state on lost property. If I see person drop a wallet, I KNOW who the rightful owner is, if I keep it, it is theft.

If I find a lost wallet, lost, not mislaid, there is a legal difference, if there is no ID in it, then the law follows another course for me. I can use due diligence to find the person, etc., but am not required to go to great lengths to find the owner. Of course, (emphasis is added) to this post, as the case law will point out.

 

[ferrari353]

Here is CA's statute on it.


CA Codes (civ:2080-2080.10)

Poster, it had to have been seen when it fell out to be picked up that quickly, therefore the "rightful owner", you, could be "readily identified", so any other act but to give it back is a violation of the Civil Code.

This conforms with my state on lost property. If I see person drop a wallet, I KNOW who the rightful owner is, if I keep it, it is theft.

If I find a lost wallet, lost, not mislaid, there is a legal difference, if there is no ID in it, then the law follows another course for me. I can use due diligence to find the person, etc., but am not required to go to great lengths to find the owner. Of course, (emphasis is added) to this post, as the case law will point out.

And if you see him drop that wallet, and then you pick it up, and move it to a nearby table and leave it there without informing the owner, are you liable for that wallet being stolen?

 

[BOR]

And if you see him drop that wallet, and then you pick it up, and move it to a nearby table and leave it there without informing the owner, are you liable for that wallet being stolen?

That is a legal question I can't specifically answer, but criminally, no, as a tort action, he could be guilty of negligence by not returning it right away, yes.

 

[ferrari353]

That is a legal question I can't specifically answer, but criminally, no, as a tort action, he could be guilty of negligence by not returning it right away, yes.

okay so let's say he is guilty of negligence, would he be forced to pay for it?

 

[BOR]

okay so let's say he is guilty of negligence, would he be forced to pay for it?

Since negligence is a tort, you can attempt to sue, either under that thoery or as a private cause of action under the Civil Code cited or both.

I did not read to see IF a private cause of action was created by statute, but if not, one may lie within the common law.

 

[ferrari353]

Since negligence is a tort, you can attempt to sue, either under that thoery or as a private cause of action under the Civil Code cited or both.

I did not read to see IF a private cause of action was created by statute, but if not, one may lie within the common law.

Can you explain what that means? I'm 15 and not a lawyer (yet).

 

[BOR]

Originally Posted by BOR
Since negligence is a tort, you can attempt to sue, either under that thoery or as a private cause of action under the Civil Code cited or both.

I did not read to see IF a private cause of action was created by statute, but if not, one may lie within the common law.
--------------------------------------------

Can you explain what that means? I'm 15 and not a lawyer (yet).

I am not a lawyer either, just have some legal knowledge.

To sue a person you have to have what is known as a "Cause of Action", meaning the person you sue MUST be responsible/liable in the eyes of the law.

If he took the phone intending to give it back and forgot and left it, and it
was taken by another, that could be negligence?

If the law I quoted was violated, it could form the basis of a suit whether or not it specifically states it does.

Your parents may have to sue for you? Ask the court if you intend to go that far.

 

[CdwJava]

There seems to be some question as to whether or not the person that moved the phone allegedly knew who it belonged to.

The only potential criminal charge I see here is guilty of a lesser theft pursuant to PC 485:

485. One who finds lost property under circumstances which give him
knowledge of or means of inquiry as to the true owner, and who
appropriates such property to his own use, or to the use of another
person not entitled thereto, without first making reasonable and just
efforts to find the owner and to restore the property to him, is
guilty of theft.​

If no means to ID the owner was readily available, leaving it where it was found would likely be considered a reasonable alternative for a teenager even if it is not the BEST alternative.

Whether the other child can be made to pay for the phone is something only a court could determine after hearing all parties and the witnesses. Since the OP only knows what others have told him, the court will only know what it is told. If the kid takes the stand and says he saw the phone, picked it up and did not know whose it was, and left it behind, then I doubt he will be held liable. If he admits to giving it away then he could very well be found liable.

As a note, the police are not too likely to spend a great deal of time investigating this. Unless the local police agency is swimming in money and manpower (and most are wallowing in understaffing and lack of funds at the moment) they are not going to send this to a detective for follow-up. Unless the beat officer taking the report can follow up and solve the case, it will likely be filed for documentation only.

 

[BOR]

There seems to be some question as to whether or not the person that moved the phone allegedly knew who it belonged to.

That is not how I read it, as he posted:

......and then I looked back and it wasn't there so I asked the only guy there who could have taken it and at first he said he didn't have it, then he said he gave it to someone, then eventually he told me who he gave it to, and neither of them had it, so I never got it back......

 

[ferrari353]

But he did know it was my phone, he did "something with it" and I kept asking him where it was and he wouldn't tell me. He didn't "find it, not know whose it was, then leave it behind". he "knew it was mine, probably thought it would be funny to hide it, and then didn't tell me where it was or even remotely make an effort to help look for it."

 

[ferrari353]

Okay so my mom's cousin said she thinks I have a case, but she hasn't practiced law for 10 yrs and she never did small claims cases. Okay so since my the kid admitted to the coach that he did it, my mom thinks that is hearsay, but according to Wikipedia, admission of guilt is an exception to the hearsay rule: tinyurl.com/hearsay-USlaw
I just wanted to make sure that I'm understanding it correctly. So, would it be admissible in court?

 

[CdwJava]

The COACH can come in to court and speak of the conversation he or she had with the suspect. It would be hearsay if YOU tried to relate what the coach told you about the conversation.

If you have the actual witness, then it should be admissible. Of course, the defendant can simply deny ever saying that, but that then it comes down to credibility.

 

[ferrari353]

Yeah that's what I was saying, the coach talking about his convo with the kid isn't hearsay, right? And I would try to bring him in. First I have to convince my mom to even FILE the lawsuit, once she agrees, I'll talk to the coach and if he agrees, then we'll file. But my mom wants me to talk to the school resource officer first because she thinks he can do something about it....
Also, if need be, I can probably get people to vouch for the coach's credibility.

 

[CourtClerk]

Yeah that's what I was saying, the coach talking about his convo with the kid isn't hearsay, right? And I would try to bring him in. First I have to convince my mom to even FILE the lawsuit, once she agrees, I'll talk to the coach and if he agrees, then we'll file. But my mom wants me to talk to the school resource officer first because she thinks he can do something about it....
Also, if need be, I can probably get people to vouch for the coach's credibility.

Be prepared to issue a subpeona to the Coach, AND pay witness fees as allowed by California law, should he request them (and he should). There is no reason why he should lose half or all of a day's pay to deal with a teenaged cell phone dispute.