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[hampton83]

At which point does a criminal action become a civil matter? Does California Penal Codes mean anything to the law enforcement?

Personal Property that was placed for storage, (mutually agreed upon by the trailer owner and personal property owner) on a trailer bed on private property. The owner of the trailer wanted to use the trailer. The owner had given a time frame to have the personal belongings removed, the owner of the personal property arrived 30 minutes early to gather his belongings.
Upon arrival, 30 minutes early, his personal property was no longer on the trailer bed nor in eye-sight. The owner of the personal property phoned the Sheriffs and after 3 hours the sheriffs arrived.
The sheriffs said that it is a Civil matter. Ca. Penal Code Sec. 484 claims it is a criminal matter.
All the meantime the personal property is still missing and it's worth is $4500.00
Please help me understand, I do not get it.
Thanks

[delton]

Your property was on the property of another. As such, Penal Code Sec. 484 does not apply.

Also, you have not indicated any attempt to resolve this issue other than your call to the sheriff that properly indicated it was a civil matter. Unless you have attempted to resolve the issue no judge will listen to the case.

Once you attempt to resolve the issue, if it remains unresolved you can sue the owner of the trailer.

[koltin]

What the cop means by saying its a civil matter is that your best recourse is to sue the person. Even if there is a law on the books, that does not mean that any prosecutor will bother making a case of it. You can hire a lawyer to try to press them to bring criminal charges, but in the end, you probably just best off filing a lawsuit, if that's what you're inclined to do.

[artzai]

When there is a tort cause of action or a breach of contract. If a crime affects another person, there is usually a tort that they can use to sue on. Like if someone assaults you, they could be criminally charged and then you could sue them for the tort of 'battery.'

Here, you might have a breach of contract case, which only results in the party that breached, making the other party whole again as if the contract was fully performed.

Another cause of action might be trespass to chattel or conversion.
A trespass means they might of hurt your stuff but you could get it back. If they destroyed your stuff then it would be a tort of conversion.

[weiford]

If you think someone stole something, say so. Your comments are not at all clear. It sounds like you were storing stuff at someone else's place, and that stuff is missing. Theft usually involves an unlawful taking. The duty of a bailee to care for goods is a civil matter.

[colum]

Its a civil matter I just went through that myself a few years ago. Becasue i gave permission to the person to have my property in their possesion it turned into a civil matter and the cops wouldnt do anything about it.

[ayize]

There is a fine line between criminal statues and civil issues. The Deputy is following his training and stating it to be a civil issue because of the contract. Small Claims Court would be an option.

[stanciyf]

It can be both. It could be a misdemeanor And they may have to pay a victim restitution fine. Get on the sherriffs butt!

[hrafn]

why did you wait until the last minute?