The Widder Curry: Being Violated by the Mango Thieves

by on January 4, 2024 · 21 comments

in Ocean Beach

By Judi Curry

Feeling violated can be a horrible feeling.  And there are many different ways of being violated.  Rather than talk about some of them, I thought I would share the latest one that I just experienced.  It is sure different than the “violations” I felt when I was much younger, but still the feelings are still there – just in a different way.  Let me explain.

The house next door to me was for sale and purchased by a man that lives in San Jose for $1,300,000. He said that he bought it so that his grandson could continue his studies at Nazarene University on Pt. Loma. That was about 3 years ago.  His grandson graduated over a year ago and the house has been vacant since then.  Although I met his grandson – and the variety of people that he had living in the house with him, we were not friends and when I saw his graduation pictures on Face Book I wondered what would become of the house.

And the answer for the past 1 ½ year? Nothing.  It remained empty — until several months ago when I happened to see a prospectus for a new building on that very same spot.  That new design showed a two story home with a sundeck on the top of the 2nd story; and a 420 square foot ADU over the garage.  The estimated cost for the new building was close to $895,000.  I discussed this new building with neighbors, and at the time we were hopeful that Senate Bill 10 would not pass in San Diego because we were sure that if it did, this absentee owner would want to build more units that the proposed one I mentioned above.  The proposition failed, at least for the time being.   So… let’s move ahead.

About a month or so ago, we noticed that there were more trucks and people walking on the property. We knew that something was about to happen, but were not sure what.  Well… I can now tell you!

A demolition crew was formed by the construction company to tear down the existing home and garage. And so the work was going to begin.  But before the house came down, the crew needed to take down the fence and gate.  (I don’t quite understand why it had to come down in the first place.  Why couldn’t it just remain on the property instead of putting up another one made of chain link fence and canvas?) But that is not what happened, and this is the beginning of my story.

The crew came in and removed the existing fence that was on their property.  They also removed the side panels that kept animals and other people from entering MY property.  And then… and then they came onto my property and STOLE all of the almost ripe mangos on my tree.  They stole the large ones; the small ones, and the in-between ones.  One in particular we had been watching to see how big it would get.  Still on the tree it weighed 7 lbs, 12 oz.  They took it.

When I asked the construction company about it they said that the foreman knew that the crew had taken them, but did NOTHING about it.  The person I spoke to – and I won’t mention his name here but I do have it – was apologetic and said the foreman admitted he saw the workers with it but did nothing about it.  My estimate is that over 100 mangoes were taken.  The man I spoke to said he would go and buy me more.  I told him that he missed the point.  I didn’t want store-bought mangos.  I wanted MY mangos; mangos that I had carefully nurtured for the past 9 months.  Mangos that I fed, talked to, and promised a new life to them. He told me he’d bring me a “gift” on the following Monday to help make up for the theft.  I told him I didn’t want a gift, and, by the way, he didn’t bring me anything. [Editordude: this was the subject of the famous “Mango Caper” we published in late November.]

The fact that if 120 mangoes were taken, selling at the super-market for $2-3 each, I lost a lot of money.  The fact that I make jam out of those mangos and sell them for $8 a jar and probably would have had at least 75 jars of jam, means I lost a lot of money.

But the most important thing is that those crew members had absolutely no right to be in my yard.  For any purpose.  They were, pure and simply, stealing my fruit!  I am so thankful that I had already picked the avocados that were ripe 15 feet from the mango tree. They probably would have taken them also.  But the feeling of being violated is still strong.  What gave them the right to come onto my property?  What gave them the right to take even one mango off the tree without asking, let alone over 100?  And what repercussions did they get? My guess is that nothing happened to them; that they are still working for the same company; and no one suffered any consequences – except me.

And so… although it may be a small thing to many of you, it is a true violation for me.  It is akin of being robbed, which, in fact, I was.  I have 14 fruit trees that I make jam out of during the year.  It will take months for that monstrosity to be built next door.  How do I know that they won’t be back to see what else I have growing on the property?  That fence will have to be taken down eventually – who knows what else will be taken with it.

Isn’t it too bad that a person cannot feel safe on their own property; that if I had been asked for a few mangos I would have been glad to give them to the workers. Isn’t it too bad that the foreman, the man in charge, did nothing when the men working for him were stealing.  Isn’t it just too bad!!!!!

 

{ 21 comments… read them below or add one }

Judi January 4, 2024 at 11:41 am

The only good thing was my noticing the side panels were gone before my two dogs noticed. All hell could have broken loose if they got out!

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Michael January 10, 2024 at 3:16 pm

Hi Judi,
Glad you saw the opening and the dogs didn’t escape. Do you have follow-up yet?
Since you declined the initial gift offer, maybe you could contact the company and ask for compensation for the 75 jars of jam @ $8 = $600. That would be some consequence to the workers and foreman who let it happen, as I’m sure the owner would not be pleased to learn about this. Doesn’t entirely make up for it, but might help some.

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Chris Kennedy January 4, 2024 at 12:09 pm

I don’t know what is available here in San Diego, but many cities have a small claims court in which you can sue for damages. Typically there are limits to what you can sue for, but also typically attorneys are not allowed and claimants write out their own claims/defenses and submit them to the Court. Here, you have at a minimum trespass and loss of profit from the sale of the mangoe jam (assuming you can prove the amount with some sort of reasonable basis). Do a Google search such as “Small Claims Court, San Diego” and see what comes up!

/s/ Chris Kennedy

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Geoff Page January 5, 2024 at 11:44 am

You can’t go into Small Claims Court with only suspicions and no actual evidence.

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Chris Kennedy January 5, 2024 at 12:34 pm

Yes she can, as I am aware of no evidentiary threshold to get into Small Claims Court. Once there, my impression on reading this and the prior article is that she has enough “evidence” of what occurred to make a very effective presentation. Remember, things are a lot less strict in small claims courts than more formal courts with lawyers, evidentiary rules etc., and the judges are generally very adept at quickly sifting through things, asking questions of the parties to get to the heart of the matter expeditiously. I did a Google search and San Diego has a very good system, and also encourages small claimants to use an available mediation service. Someone also suggested in another post trying to locate the official offices of the parties involved, and sending a letter firmly but diplomatically explaining the situation and asking for compensation for damages—-that’s a really good suggestion to try first.
/s/ Chris Kennedy

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Geoff Page January 5, 2024 at 12:47 pm

I have been a few times. You can only claim damages you can substantiate. And, who would she sue? This is actually a crime, misdemeanor petty theft. If there is proof of the theft, then press charges. Then, if it is proven that one or more people working for the company are guilty, take the company to Small Claims Court.

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Chris Kennedy January 5, 2024 at 1:17 pm

Well, you are assuming that she can’t substantiate damages. Perhaps she can, and the picture of the Mango jam jar dated December 2022 at the top of this article is a start as it shows she had sold jam before all this happened, and people can back her up on this. She strikes me as a good record keeper, so there may be other things as well that support all her claims, not just for damages.
/s/ Chris Kennedy

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Geoff Page January 5, 2024 at 3:45 pm

The only damage that would eligible would be the cost of the mangoes. There would need to be proof that so many viable fruit were taken and then some substantiation of the market value.

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Debbie January 6, 2024 at 1:53 am

The label says 2020

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Frank Gormlie January 6, 2024 at 10:26 am

Huh? It’s an old photo natch!

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Candy January 4, 2024 at 1:07 pm

Judi, wow. I’m sorry. That’s terrible that all your mangoes were stolen. Thank God the dogs didn’t get out

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Alex Arcoleo January 4, 2024 at 1:36 pm

This is absolutely wrong. I’m so sorry and I totally understand your feelings. Those workers acted neither respecting you, nor your feelings, they trespassed and displayed not considerations of rules ( not to mention good manners).
Again, I’m really sorry and I hope something could be done.

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ROBERT GATES January 4, 2024 at 3:17 pm

I think you should publish the name of the company, the foreman, and anyone else that you know is involved. Publish this info on the OB Rag, Yelp, and any other site you can find. Complain, complain, complain! If the construction company says they’ll sue you for libel, publish that info in as many places as possible, too. You’re too well-known, respected, and liked in this community for any action like that to be successful. Additionally, every other construction company that shows-up at that property will know only too well to respect your property and privacy.

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Judy Collier January 5, 2024 at 1:09 pm

I agree. Please let us know the names of these people so we can avoid paying them for any future services.

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Geoff Page January 5, 2024 at 3:47 pm

You cannot do this, there is no evidence yet that anyone there was responsible for the theft. You are pre-judging a whole company. Unless there is hard evidence, this is just condemning a bunch of people who may have done nothing.

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nostalgic January 4, 2024 at 8:41 pm

This is an invasion in more ways than one. She will soon have an unlimited number of residents next door with no parking spaces, or an AirBnB with even more. The whole concept of a single-family neighborhood has been swept away along with the mangos.

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Jean Massard January 5, 2024 at 12:09 am

That is terrible. I hope you do sue them in small claims court. You might want to call the company and see if you can speak to the owner or president. They should at least be compensating you for what you would’ve made on the jam. When my sister lived in Belize, people would jump the fence in her yard to steal the mangoes on her tree. That was on a third World Not here where I presume those workers get paid for their work, and have no need to steal the mangoes.

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Judi January 5, 2024 at 1:53 pm

A special thank you to all of you that have given me suggestions re: the demolition of my mango crop. When I first wrote the article I had the name of the construction company, along with a picture of the chain link fence and their information on it. The publisher of the OBRag is an attorney, and the fact that he chose not to run that picture, or the name of the construction company led me to believe that it was not a wise move on my part to publicize the company at this time. At all of your suggestions, however, I am contacting an attorney for advice on the situation. I again want to thank all of you for your encouragement and suggestions.

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ROBERT GATES January 5, 2024 at 3:08 pm

Good for you, Judi. And, of course, contact me for any assistance you might require. And, I suspect each and every Commenter here feels the same. Good luck!

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Debbie January 5, 2024 at 3:35 pm

Oh no! More theft since the last time?

Do put up your own fence. Consider cameras that have motion alert so you can be notified of intruders.

Maybe it was someone else who stole stuff when the fence came down? Without proof you probably need to move on and not get blamed for slander. It’s a new year – good luck.

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FrankF January 6, 2024 at 1:22 pm

I feel for you. I had a cable company crew steel an almost ripe pineapple from my front yard. Got em on video and complained. And I have two mature guavas in my front yard. I catch strangers picking my fruit all the time.

Get a survey of your property lines, then put up your own fence. Heck, the fence they tore down might even have been yours!! It will cost money for the survey but don’t rely on the goodwill of the developer to build a fence on his side of the property or to to build something that you can tolerate.

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