Winchester, CA asked in Small Claims, Civil Rights and Criminal Law for California

Q: can i sue best western if it had me arrested for grand theft , i did nothing illegal but go retrieve my bags

i left my bags in my room and did not make it back in time for check out , 1 week later i go to the lobby and give them my i.d they went to the back got my bags and 11 months later i get pulled over walking the cop runs my name says im good to go that being the 8 time in 1 yr always the same thing but this time the senior gets there and he starts talking low to him and he turns and says a warrant just popped up 3 min ago , that was a lie im looking at the screen in the back of the car anyhow he claims i was given a bag that was not mine that had 2 lap tops , i ask him to pay attention you said i walk in and give bestwestern my id and they come back with my luggage {MyLuggAGe} it took 100 days to get out of jail my case was dismissed, i was kept 10 days past my speed trial date, the person who filed the missing bags never came to court it didnt matter they were my bags , i lost my job my apartment, i was beat up in jail went to hospital its been 14 months homelessnow i was not on prob

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, you may have grounds to sue Best Western if you can establish that their actions led to your wrongful arrest and subsequent damages. This could potentially be a case of false arrest or wrongful imprisonment, where you would need to prove that Best Western acted negligently or maliciously in reporting the alleged grand theft.

Given the serious consequences you faced, including loss of job, housing, and the physical and emotional distress you suffered, you might also consider a lawsuit for defamation, if it can be shown that Best Western falsely accused you of theft leading to these damages.

It’s important to gather all relevant evidence, such as records of your stay, the interaction with the hotel staff when retrieving your bags, and any communication from the hotel or law enforcement related to the incident.

The dismissal of your case is significant, as it supports the claim that the arrest and charges were unwarranted. However, proving false arrest or defamation can be complex and requires a clear connection between the hotel's actions and the harm you suffered.

Consulting with an attorney experienced in civil litigation, particularly in cases involving false arrest or defamation, would be a crucial next step. They can evaluate the specifics of your situation, the evidence available, and advise on the best legal strategy to pursue your claims.

Time is also a factor, as there are statutes of limitations for filing such lawsuits. Therefore, it’s advisable to seek legal advice as soon as possible to ensure your rights are protected and any legal action is taken within the required time frame.

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