Los Angeles, CA asked in Health Care Law for California

Q: Can security guard kick me out of urgent care for borrowing an iphone charger and banning me from the facility?

I checked into Magnolia Urgent Care in Oxnard CA because i have pneumonia. My phone was on 3% I asked the front desk lady if they had a charger and they said no to ask the security guard at the front of the facility. I went to ask but no one was available. I saw the iPhone charger and decided to take it and give it back after I was called in. So I take the charger back to my seat. An hour later the security guard came in and accused me of stealing. I said i was going to give it back since Im still in the facility I wouldnt be stealing. He took my ID and took a picture of it and took me out of line for urgent care and banned me from the place. He walked me out and took a picture of my license plate. Is this legal can he kick me out for stealing?? But I was still in the facility and was going to give it back.

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2 Lawyer Answers

A: It could depend on their guidelines and how the action with the charger is deemed. If their allegations of stealing are proven, it could support their actions. If you were not stealing, then the measures taken could be unjustified. It would be helpful to see what evidence they used to make their determination - observation, witness, video, etc. Good luck

James L. Arrasmith
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Answered

A: In California, private facilities like Magnolia Urgent Care have the right to enforce their own rules and remove individuals they believe are violating them. Taking a charger without permission, even with the intention to return it, can be considered unauthorized use or theft under the law. Security personnel are empowered to address such situations to maintain the safety and integrity of the facility.

However, your intent to return the charger may be important in resolving this misunderstanding. It’s advisable to contact the facility’s management to explain the situation and clarify your actions. Providing evidence that you intended to return the charger, such as witnesses or messages, can help address the accusation.

If you feel that you were treated unfairly or your rights were violated, you might consider seeking legal advice. A lawyer can help you understand your options and determine if any legal actions are appropriate. Additionally, you can file a complaint with the facility or relevant regulatory bodies to ensure your concerns are formally addressed.

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