Legal Question in Criminal Law in California

Daughter caught shoplifting, will they sue?

My 14 year old daughter was caught shoplifting for goods valued $50. Goods were returned and she is sorry. A law firm for the store just sent us a letter saying that under California Civil Code Section 490.5 allows the store to sue us for civil damages up to $500. The law firm states that if we settle now for $375, the store will not pursue a civil case. I know the code is correct, but my question is whether or not they will actually sue if we don't pay. This appears to me to be punitive which does not make sense as goods were returned immediately (value less than $50) in un-used condition. Please advise! Thanks!


Asked on 8/08/08, 1:15 pm

4 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Daughter caught shoplifting, will they sue?

Yes, they will sue. The extra money is to help pay for the store's loss prevention expenses (such as cameras, ID tags, and detectives), because otherwise the expenses would have to be added to the price of the store's merchandise. The rationale is that honest people shouldn't have to pay for the cost of catching a thief if the thief can be made to pay.

Your daughter will be fortunate indeed if she emerges from this without a criminal record. If she were to acquire a criminal record for theft, she won't be employable, ever.

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Answered on 8/08/08, 1:41 pm
Terry A. Nelson Nelson & Lawless

Re: Daughter caught shoplifting, will they sue?

Yes, they will sue if you don't pay, and they can still file criminal charges whether you pay or not. That's the consequence of stealing.

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Answered on 8/08/08, 2:43 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Daughter caught shoplifting, will they sue?

Yes, they will probably sue and your daughter may also be facing criminal charges for her actions.

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Answered on 8/09/08, 2:35 am
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Daughter caught shoplifting, will they sue?

I would pay no doubt. Might tip the scales in favor of the store's decision not to pursue criminal charges.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/12/08, 9:59 pm


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