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  1. #1
    Join Date
    Jun 2007
    Posts
    2

    Default California 490.5 Civil Demand Request Charge Determination

    What determines the amount a retailer can charge, and win in civil court?

    I've seen various amounts of money asked for stolen merchandise of different costs, and I am a bit confused.

    If a stolen item was, lets say, $20, and was only taken out of the case, could a retailer seek the maximum of $500 and still win?

    Looking at other cases i've seen people who attempted to steal $80 worth of items only charged $225 while people who have stolen considerably less have been charged the maximum.

    490.5 doesn't specifically mention the reason for the civil demand other then that the retailer can pursue $50 to $500.

    What is the control preventing the retailer from charging $500 for a considerably cheap item that was relatively undamaged? Why do some retailers seek more money then others when they can charge up to $500?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: California 490.5 Civil Demand Request Charge Determination

    I've never seen any sort of formal explanation of how the civil demand would be determined, above and beyond individual store policy. Perhaps some of the LP's who post here can clarify.

  3. #3

    Default Re: California 490.5 Civil Demand Request Charge Determination

    Civil demand or “restitution” is regulated by decree in each State. I think all 50 States have laws on the books. Some laws allow retailers to charge the amount of the item(s) taken and a civil penalty. This penalty, at times, is fixed and dictates the retailer can charge “not more or less than”. Other State laws dictate a civil penalty up to a dollar amount.

    California (409.5)

    (c) When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.

  4. #4
    panther10758 Guest

    Default Re: California 490.5 Civil Demand Request Charge Determination

    There is no equation for computing Civil Demand the normal Civil Demand amount is usually around $200.00 to $300.00.

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