My ex roommate and ex business partner stole equipment for shooting. Can i to sue him?

Hi, I need your help. My ex roommate and ex business partner stole some
equipment for shooting. He worked not a legal with me, all contracts are with my
name. I gave him 50 from all money cash. We bought equipment together from
my business account, but after he move out he took all equipment and now he do
not want to back it me. In a police department one officer told me that it is a small
claim and the can’t do anything. Can i to sue him?
Thank you.

Asked on April 9, 2016 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, if someone, even a business partner, took equipment which was not his (i.e. which was owned by him in his name--if it was his equipment, he could generally take it, even if it was being used by the business), you can sue him. The key issue, therefore, is not who used it, but who owned it. The owner will generally be the person or entity who purchased it, unless it was then transferred to another person or entity. The "person" who would sue would be you, if you were the owner of the equipment; or the business, if the business were an LLC or corporation and was the owner. Note that if the business were an LLC or corporation, it must have an attorney for a lawsuit--a non-attorney may not represent an LLC or corporation in court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.