Phone stolen at a spiritual retreat?

[AliceIW]

I went to a spiritual retreat for 10 days where puerile were supposed togive in their phones for the duration of the program. The phones were taken from each individual and put in a plastic bag. After the program my phone, which was an expensive phone at that time, wasn't returned to me. The leader of the retreat told me that he couldn't find it and some worker must have stolen it. So, who is legally responsible for my property?

I want the spiritual school or the person who had my device in his possession to reimburse me but they are saying they are not responsible.

 

[army judge]

I went to a spiritual retreat for 10 days where puerile were supposed togive in their phones for the duration of the program. The phones were taken from each individual and put in a plastic bag. After the program my phone, which was an expensive phone at that time, wasn't returned to me. The leader of the retreat told me that he couldn't find it and some worker must have stolen it. So, who is legally responsible for my property?

I want the spiritual school or the person who had my device in his possession to reimburse me but they are saying they are not responsible.

The retreat is responsible for losing your smartphone.
Here's why.
When you were required to fork over your device, a bailment was created, a very special type of bailment.

In your transaction, you became the "bailor", and the retreat became the "bailee".

Because the retreat demanded you give up your smartphone, they were required to exercise "extreme or extraordinary care" in protecting your property.
Normally such care is what a pawn shop must exercise when a person hocks a diamond ring, for example.
The requirement to give up your device was initiated by the retreat, not you.
As you paid for the retreat, that even adds to your case.


There are three types of bailments:
1. the trust is for the benefit of the bailor, as deposits and mandates.

2. the trust is for the benefit of the bailee, as gratuitous loans for use.

3. the trust is for the benefit of both parties, as pledges or pawns, and hiring and letting to hire.

If a bailment is for the exclusive benefit of the bailee, the bailee owes a duty of extraordinary care.

If the bailment is for the mutual benefit of the bailee and bailor, the bailee owes a duty of ordinary care.

A gratuitous bailee must use only slight care and is liable only for gross negligence.

So, what do you do now?

Well, you send the retreat (or its founder, I'd send it to both) a letter demanding you be reimbursed for their negligence and the loss of your property.
It might be useful to send a copy of the sales receipt, or at least have it ready for the next step.
Send the letter registered mail or certified, return receipt requested.
Give them 14 days to reimburse you, and mention the fact that if they fial to comply, you'll be forced to seek legal redress in court.

Here's a program supplied by your CA court system that will "create" such a letter for you:

http://www.courts.ca.gov/11145.htm

Your state's courts offer explanations of the small claims process:

http://www.courts.ca.gov/1007.htm

Lastly, Google "YOUR COUNTY, CA - small claims" for specific instructions and forms for your county.

However, if it happened in another county, that's where you must bring your small claims case.
As a general rule, a case must be filed in the county (and area of court location) in which the defendant resides.
This general rule promotes fairness, since it's usually easier for a defendant to defend a case if it's filed in the locality where the defendant resides.

Good luck, and go get 'em tiger.