Shoplifting, Larceny, Robbery, Theft Is this Theft

Status
Not open for further replies.

CnynCrvr3

New Member
Hello Im new here and kind of need some advice.

Im very involved in the sport of rideing motorcycles both on and off road I also collect motorcycles some of which need olny minor repairs and some of which are much more involved to bring back to being road worthy.

Here's where my story begins
About a year ago I purchased a 1993 Honda CBR 600, at the time of purchase the bike was in fair shape (it ran ok but was not cosmetically sound), I rode this particular bike a few times befor parking it for a period of time to pursue some other interests.

After a few months of letting the bike collect dust in my garage I decided it was time to bring the bike back to show room or better condition, after checking to see what the bike needed to get back into such a good condition I decided that the repairs needed were beyond my personal scope of ability to carry out, I proceeded to make arrangements with what I thought was a trustworthy individule to have all of the repairs made both mechanically and cosmetically.I turned over possesion of the vehicle to this person under the pretense that every thing I had asked to be done would olny take approximantly two weeks give or take. during this two weeks I spoke with the individual several times and he assured me that I was olny going to be charged $400.00 USD after talking with him at great lengths he made it seem like he had friends that owed him favors in the industry and that he could get several other things done to my bike for free or much less than what I would pay if I had theese things done on my own accord. well I decided that I would go ahead and have him do some other things to the bike such as a complete custom paint job and several other things includeing polishing several of the metal pieces of the bike to a chrome like finish, at this time he told me that it would take another couple of weeks due to the fact that he him self did not do the polishing and that he had to source this work out to one of his "Friends in the Industry" well weeks turned into months with several excuses from the individule as to why I did not have my motorcycle back. Finally after about four months of waiting for my bike to be finished he informed me that my bike was finally done but that I would have to wait to pick it up untill the following week cuz he had some things to do and no time to meet me to turn return possesion of my motorcycle back to me at the current time, after argueing with this individule it became evident that I was not going to be able to get my bike till the following week. Well the following week came around and I made many attempts to call this individual with no success its now been 6 months that I have not had my motorcycle and about 2 months since the last contact that I had with the individual, I have gone by his house on numerous occations and have not found him or my bike. at one point while I was at his house I looked inside his garage and saw that there were parts from my motorycle laying of the floor of his garage includeing all of my body work that was not painted or repaired and my motor was also on the floor of his garage but the frame and miscelanious other pieces were no where to be found. as I said he is no where to be found his cell phone has been disconnected and his family told me they havent seen him in a couple of months.


Im curious is there any way I can pursue criminal charges against the individual and if so what would they be or am I stuck with looseing my bike and the $400.00 that I payed him.

If no criminal charges can be filed do I have a civil case and if so how can I go about this.

Im in southern california county of los angeles the police have told me that they would have to talk to the individual to find out if he has commited a criminal act based on the fact that I knowingly turned over possetion of the vehicle to the individual and that parts for my motorcycle are still apparently at his residence.

Please help I want my bike back and I want to know what can be done to attemp to put a stop or at least make it difficult for him to do this to another person.
Thank you
 
This is a little tricky. It depends on a couple of factors if there is any criminal wrongdoing. You have turned over possession to this guy, as you correctly stated, so it is not any larceny kind of theft. It might be an embezzlement kind of theft if some parts of the bike are missing and have been used by this guy for other purposes. It depends on the exact definition of these crimes under California law, of which I am not an expert. If the bike basically is still there, just not finished, it probably is not yet any criminal case.

The story looks different in the civil area: You had a contract with this guy, albeit seemingly only an oral one, that he was supposed to do something and he did not perform. There probably is a breach of contract.

You also have your property which is still in his possession, or at least upon his land. You could try to get it back, though not by force, and then sue for damages under the breach of contract theory. If you are refused your property you might also have a case for trespass to chattel or even conversion. Of course, to pursue any lawsuit against him, you would have to find him.
 
NYClex said:
This is a little tricky. It depends on a couple of factors if there is any criminal wrongdoing. You have turned over possession to this guy, as you correctly stated, so it is not any larceny kind of theft. It might be an embezzlement kind of theft if some parts of the bike are missing and have been used by this guy for other purposes. It depends on the exact definition of these crimes under California law, of which I am not an expert. If the bike basically is still there, just not finished, it probably is not yet any criminal case.

The story looks different in the civil area: You had a contract with this guy, albeit seemingly only an oral one, that he was supposed to do something and he did not perform. There probably is a breach of contract.

You also have your property which is still in his possession, or at least upon his land. You could try to get it back, though not by force, and then sue for damages under the breach of contract theory. If you are refused your property you might also have a case for trespass to chattel or even conversion. Of course, to pursue any lawsuit against him, you would have to find him.

Ok what is Trespass to chattel.

No its not that my bike is at his house and just not done I could live with that albeit I would be angry but I could still live with that. Its actually that my bike is in pieces in his garage (at least last time I checked it was) and from what I could tell most of the parts are there except the parts that were supposed to be polished and the frame and wheels are missing Im guessing that because the parts were supposed to be polished and the frame powder coated and the wheels sand blasted that he dropped theese parts off at a shop to have the work done and either one never payed for them so he was not able to pick them up or he just left them some where and never got them back. In either case isnt this a criminal act.

And saying that all of my parts were to be at his house but the bike was completely disassembled would there be any criminal charges in that. and if so what might I be able to ask the DA to charge him with.

And if I cant ever find him again is there a way for me to leagaly have the parts that are in his garage returned to me? Thank you so much for your time I just want to know what my options are befor I proceed with anything I like to be as well informed as I can befor I do ANYTHING!!! I dont like to jump head first into any thing and that is why I am asking so much.
 
"Trespass to chattel" is the name for the civil action you could take against this guy. It means "unlawful interference with the property of another."

Who owns the garage you have been seeing parts of your bike in? You might ask that owner to give them to you. The parts that are missing - you probably will not get them back until you find this guy or you find out what happeend to them. Then you can sue him.
 
Status
Not open for further replies.
Back
Top