Covina, CA asked in Car Accidents, Child Custody and Juvenile Law for California

Q: My car got stolen by a minor and the estimated cost of repair is 11-12k The DCFS had custody over him What can i do?

My vehicle was stolen by my landlord's grandson. The police recovered the car but it was in a very poor condition, with an estimated cost of 11-12k to repair. The suspect turned himself in the following day and admitted the theft of my vehicle. The department of children and family services had legal custody over him at the time of this incident. His mother and grandfather lost custody over him about a year ago for domestic violence. Apparently, he had escaped approximately 4-5 times from the DCFS and has multiple cases of vandalism on his record. His actions led his mother to ask that he be put into Juvenile hall, but the DCFS denied it. His status only shows an escalation of illegal actions, leading up to his theft of my vehicle (and another that was returned) and two purses from the house. I have full coverage for my auto insurance but with a $2,500 deductible. I also lost my job (i work part time as a lyft driver) and had to drop a class. What can i do about all of this?

2 Lawyer Answers

A: Parents are liable for the wilful misconduct of their children, so you could sue the child and the parent in Small Claims, but it seems unlikely that you will collect. You chose a $2.5k deductible. It saved you money on your premium, but it's going to cost you now.

Manuel Alzamora Juarez
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Answered

A: YOU SHOULD TRY TO RECOVER FROM THE GRANDPARENTS IF AT THE TIME OF THE THEFT OF YOUR CAR, HE WAS UNDER THE PHYSICAL CUSTODY OF THE GRANDPARENTS. IN MY OPINION, THEY COMMITTED NEGLIGENCE. IF YOU DO SUE THEM, ALSO SUE THE STATE AGENCY. REMEMBER THAT YOU ONLY HAVE SIX MO0NTHS FROM THE DAY OF THE LOSS TO SUE A STATE OR LOCAL AGENCY. BEST OF LUCK.

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