Encinitas, CA asked in Criminal Law, Family Law and Small Claims for California

Q: In CA, do I report this as stolen property with the police, it can only be resolved in small claims court, or.. both?

While I was out of town, my ipad pro (worth 1k) was stolen. Because my 13 yr old son uses it almost exclusively, his father decided to help by paying the monthly service via Verizon.

Father is refusing to file the lost claim with Verizon because he does not approve of how I parent (we are not together.) Essentially, holding my ipad hostage unless I change the rules in my home regarding our son's use of the ipad.

Since there is no physical property, ie ipad, does that mean I can't file it stolen or anything else with the police?

So then my only avenue would be small claims court? I would request $1k or that he be ordered to file the Verizon claim?

As an aside, I have already tried claiming via Apple but they do not cover lost/stolen for ipads.

I do not own a home or renters insurance so I cannot claim via those either. It was stolen out of my car.

Thanks

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: I am confused by your facts. Did you buy the Ipad? Did the Ipad come with the Verizon subscripton? Do you think the father has the Ipad? (you said he is holding it hostage)

If you bought the Ipad, then it is your property, and you can file a police report. (which does you little good since you don't have insurance to make a claim to- maybe father has insurance and you can make a claim against that?)

Small claims is not going to preside over a family law dispute, if the custody of your son is a part of some kind of family law proceeding you may need to get your attorney to file a request for order in that, to get the husband to provide a new ipad, which your son probably needs for school.

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