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Electronic Device Stolen From My Room

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  • 05-13-2011, 07:36 PM
    free9man
    Re: Stolen Device
    He meant that you have not identified the device on here. CA does not allow attorneys in small claims court so you would have to do it yourself. It is probably not going to be worth your time even if you prevailed, which is not likely.
  • 05-13-2011, 08:11 PM
    cdwjava
    Re: Stolen Device
    Quote:

    Quoting bipenett
    View Post
    It wasnt an unidentified property.. It was an eletronic device that everybody in the place knew that I had. Is it possible to someone to represent me in the small claim court?

    It is "unidentified" to us. We do not know if it is an MP3 player or a laptop - but it doesn't likely make any difference. If there is liability to be had, it appears to cap at $250.

    You will have to ask the court about someone representing you, but there are few circumstances where you may have another represent you and this does not appear to be one. You can use an attorney on an appeal, should you wish. Though the cost of the attorney would be many times the cap on damages.
  • 05-14-2011, 01:37 AM
    jk
    Re: Stolen Device
    Quote:

    bipenett;521346]The theft happend while I was outside the hostel (walking around). I dont know what happened exactly. But they are negligents since they dont have minimal security items, not at all, such as cameras, a "doorkeeper", magnet cards for guests, door locked from street or stuff like that. None of these they have.
    the only item on your list that comes close to a requirement would be the locked door but depending on the entire situation, even that may not have been required. So, if you believe they were negligent, feel free to file a suit for your loss. Understand that the value of your loss will be based on provable loss and the value of the specific equipment based on depreciated value. So, when you believe it is worth flying to the locality, maybe a few times even, to sue, have at it.





    Quote:

    The locked was intact. No damage at all. I was using my own key-lockpad
    so, you left it unlocked and somebody took advantage of your negligence. Sounds like it's your fault. Prove otherwise.
  • 05-14-2011, 02:09 AM
    cdwjava
    Re: Stolen Device
    We still come back to the Civil Code which appears to cap any such liability at $250. Hardly a value worth taking the time off work and traveling to court to deal with a couple of times.

    But, put in a claim to the hostel and see if they will pay on it. The worst thing that happens is that they say, "No."
  • 05-15-2011, 07:43 AM
    bipenett
    Re: Stolen Device
    Quote:

    Quoting free9man
    View Post
    He meant that you have not identified the device on here. CA does not allow attorneys in small claims court so you would have to do it yourself. It is probably not going to be worth your time even if you prevailed, which is not likely.

    Yeah. Im afraid this is not going to be worth my money and time. Thank's a lot, free9man!

    Quote:

    Quoting cdwjava
    View Post
    It is "unidentified" to us. We do not know if it is an MP3 player or a laptop - but it doesn't likely make any difference. If there is liability to be had, it appears to cap at $250.

    You will have to ask the court about someone representing you, but there are few circumstances where you may have another represent you and this does not appear to be one. You can use an attorney on an appeal, should you wish. Though the cost of the attorney would be many times the cap on damages.

    Sincerily I would like to make the hostel pay me back not to let me buy another same device (I already have another one), but I would like to make they pay so they are going to know that they must stop with this security neglicence they have. I am not interested in the money.. Im interested in avoid this kind of situation with other guests.

    Quote:

    Quoting cdwjava
    View Post
    We still come back to the Civil Code which appears to cap any such liability at $250. Hardly a value worth taking the time off work and traveling to court to deal with a couple of times.

    But, put in a claim to the hostel and see if they will pay on it. The worst thing that happens is that they say, "No."

    I am going ask them to return some money, but I already know that they are going to say NO. That's why I would like to someone to help me with this. I could give 50% or 70% or maybe 90% of the price of the device to someone who could get some money from the hostel. All because I would like to make they stop with the security neglince. It is not Ok to someone owns a Hostel and let anyone comes in and comes out from the rooms with out security guards or cameras. I would like to avoid this situation with nexts guests. Only that. I want to make they learn that they must have at least ordinary security in the place (not a complete lack of security as they have over there)

    Quote:

    Quoting jk
    View Post
    the only item on your list that comes close to a requirement would be the locked door but depending on the entire situation, even that may not have been required. So, if you believe they were negligent, feel free to file a suit for your loss. Understand that the value of your loss will be based on provable loss and the value of the specific equipment based on depreciated value. So, when you believe it is worth flying to the locality, maybe a few times even, to sue, have at it.





    so, you left it unlocked and somebody took advantage of your negligence. Sounds like it's your fault. Prove otherwise.

    Well.. When cops came to the police report I have said that my lock was locked by myself. Since I know it is a crime to tell false facts to police, of course I told them the truth (that I really locked my locker). I think if the hostel tell me that I didnt lock my locker, so they would be telling me that I am a criminal (since they would be telling me, in other words, that I lied to police). So I think is this case THEY would have to prove that I really commited a crime (lieing to the cops).

    I was trying to get this withtout have to go back to US, since I know I would spend more money with the flight and hotel than the actual value of the stolen device
  • 05-15-2011, 09:37 AM
    jk
    Re: Stolen Device
    Quote:

    =bipenett;521739]


    Well.. When cops came to the police report I have said that my lock was locked by myself. Since I know it is a crime to tell false facts to police, of course I told them the truth (that I really locked my locker).
    I'm not saying you would lie but a lot of people would so there is always a bit of skepticism involved.



    Quote:

    I think if the hostel tell me that I didnt lock my locker, so they would be telling me that I am a criminal (since they would be telling me, in other words, that I lied to police). So I think is this case THEY would have to prove that I really commited a crime (lieing to the cops).
    the hostel doesn't have to prove anything, you do and it appears you can't. You have to prove the hostel did not meet the required standard of care they owed to you. So far, nothing you have presented does that.
    Quote:

    I was trying to get this withtout have to go back to US, since I know I would spend more money with the flight and hotel than the actual value of the stolen device[
    that's the reality of life. Your time to act was while you were here. Since you are out of the country, unless you have need to return to the same area, even if you did win (which, so far is extremely unlikely), the costs to sue would far outweigh anything you would win and your travel expenses are not recoverable.
  • 05-16-2011, 01:22 PM
    bipenett
    Re: Stolen Device
    Quote:

    Quoting jk
    View Post
    I'm not saying you would lie but a lot of people would so there is always a bit of skepticism involved.



    the hostel doesn't have to prove anything, you do and it appears you can't. You have to prove the hostel did not meet the required standard of care they owed to you. So far, nothing you have presented does that.
    that's the reality of life. Your time to act was while you were here. Since you are out of the country, unless you have need to return to the same area, even if you did win (which, so far is extremely unlikely), the costs to sue would far outweigh anything you would win and your travel expenses are not recoverable.


    Yeah. Alright. Thank you all for your help!
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