RE: Unlawful Taking of Merchandise
Our records show that on the above date at this store, you an adult/ emancipated minor, took possession of the merchandise indicated below, without the consent of the store, and further, without paying for that merchandise. California Law (Penal Code Section 490.5 (C) Subjects an adult/ emancipated minor who has unlawfully taken merchandise from a merchant 's premise to civil liability. That liability includes : A. The retail value of this merchandise if not recovered in a merchantable condition. B. Damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500) ; C. Cost of litigation.
In order to eliminate additional time and expense to you, a demand is hereby made upon you for the following amount:
A. Retail value of merchandise (if not saleable) $___________
B. Damages under P.C. 490.5 (C) ($50-$500) $___________
C. You are hereby ordered to pay this amount $___________
Payment of the above amount will avoid incurring the additional cost of a civil law suit.
Payment of the total amount demanded should be made by money order, certified or cashier's check payable to Asset Protection and sent to the above address with an attached copy of this letter. In the event you fail to comply with this demand within 14 days from receipt of this letter, we have the recourse to file a civil action in the appropriate court of law and request a hold be placed on your University records until this case is adjudicated.
You should be aware that these damages are allowed by law as civil action, and are not in lieu of criminal prosecution that may be imposed by local authorities or University disciplinary action that may be imposed by the Dean of Students.
490.5 (C) Petty theft of retail merchandise of library materials ; punishment ; civil liability ; detention: When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility , the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500) , plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise **** If it is not recovered in merchantable condition , or to a library facility for the fair market value of its book or other library materials **** An action for recovery of damages, pursuant to this subdivision , may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.
Any questions in regards to this matter should be addressed to me at the above address or you may phone at ___-___-____ between 8AM and 4PM weekdays.
Respectfully,
Asset Protection Manager
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