Just love it

Have you ever bought a new car and just fell in love with it?  I mean, LOVE it, you do. 

You name it, baptize it, send out notices to all your friends that you're in a new relationship, take Christmas card photos with your car.

LOVE IT, you do.

We had this guy come into the library the other day that just LOOOOOOOVED his car.  I mean, just...wow...he was nuts about his car; couldn't say enough good things about it. 

Turns out, he had driven it off the lot a couple months before. He and the dealer had done up the paperwork and the dealer said they'd take care of the financing - and off he drove with his new love.

Fast forward a couple months and guy is standing in front of me telling me that the dealer called him today and told him that if he didn't return the car immediately, that they would file grand theft charges against him.

Really?  Grand theft?  Dang, but I thought that only the District Attorney could do that!?

After a little discussion, I get the rest of the story.  Seems the dealer had been trying to get in contact with him to return the car because they could not get him financing for the car. 

Basically, he was such a bad risk that not even the worst loaner of monies would not grant him a loan.  

At this point, my mind says there are two problems. First, only a municipal, state, or federal attorney can bring criminal charges against an individual. Second, the dealer has not filed a civil action against Guy so Guy has nothing to defend against.

So, basically, Guy walked all the way from his house to visit me in the law library just for the heck of it.  Well, that was nice.

Now, says I, if he wants to read up on issues relating to Grand Theft, I suggest you take a look at:

• California Criminal Practice, Motions, Jury Instructions, and Sentencing, 4Th (TR)
• California Penal Code § 487 (Grand theft defined)
• Corpus Juris Secundum (TR; Larceny, §§ 57-63)
• Criminal Defense Techniques (Lexis)

Thing is, dealer told him that if he returns the car, all will be forgiven.  Problem is, Guy has bonded with the car (and really doesn't want to return it). 

As this is now the case, he may want to bone up on information for the impending complaint against him for Conversion and/or Trespass to Chattels, and I suggested he take a look at:

• California Forms of Pleading and Practice (Lexis; Vol. 48)
• California Civil Practice: Torts (TR)
• Witkin Summary of California Law, 10th ed (TR; Personal Property § 121)
• West's California Code Forms (TR; Civil § 1033, Form 1)
• Corpus Juris Secundum (TR; Property §§ 2, 5, 17, 39, 57, 65-66)

Even with all those great suggestions, Guy figured it will be another 6 months before the dealer will get on his case.  So turning around, he walked back to his beloved Phyllis (yeah, that was the name of the love of his life).  

For the rest of you who are staring down the barrel of a civil or criminal suit (or know someone who is), know that your local county law library has just what you need to prepare for battle.  You know, just in case you have to.