Supreme Court of California
965 P.2d 1165 (1998)
Davis (defendant) walked into a Mervyn’s department store. While in the store, he was placed under surveillance by Carol German, a security agent. German observed Davis pick up a shirt from the men’s department and take it across the store to a cash register in the women’s department. There, Davis told the cashier, Heather Smith, that he had previously purchased the shirt but wished to return it for a refund. Smith informed him that because he did not have a receipt, she could only issue him store credit. At that point, German called Smith to confirm that Davis was attempting to return the shirt. German instructed Smith to issue the store credit. Davis was apprehended as he walked away. He was charged and convicted of petty theft. The Court of Appeal affirmed.
Rule of Law
Holding and Reasoning (Mosk, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 240,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.