[DoorGunner]

Bailment

A constructive bailment occurs when circumstances create an obligation for the bailee to protect the goods. With a constructive bailment, the bailment is implied by law. In the case of a tenant, roommate, or boyfriend or girlfriend abandoning property, an involuntary bailment might be created. Depending on the laws of the jurisdiction, the landlord or remaining tenants may have a duty to care for the property and return it to the abandoning tenant.

A bailment may also be a gratuitous bailment for which there is no payment. A gratuitous bailment occurs when someone finds lost property and protects it himself or places it in the custody of another, such as the police, until the lawful owner can be located.

Abandoned Property

If a bailment agreement is set for a fixed term and the bailor fails to claim the property at the end of the term, he may be deemed to have abandoned the property. Alternatively, the voluntary bailment be converted into an involuntary bailment. However, if there is no clear term of bailment agreed upon, the bailor will not be deemed to have abandoned the property unless the bailee gives him notice that he no longer wishes to possess and protect the property.

http://contracts.lawyers.com/Bailment.html

CAL. PEN. CODE § 485 : California Code - Section 485

One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

http://codes.lp.findlaw.com/cacode/PEN/3/1/13/5/s485

[1rudeboy]

Leaving your cell phone on a barstool is not a “bailment agreement” entered-into between you and the bar owner, but at least you’re getting closer to the real issue.

[1rudeboy]

For example, checking your coat at the door probably is (I only say probably) because most places have that “not responsible for lost items or damage” sign.

[SmokingJoe]

One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

Every reasonable effort was made to return this phone. It was Apple which insisted on not taking the phone back.