Should I pay the $375 fine, or is there another alternative?

The law firms that send out these letters are bottom-feeders who, as nearly as I can determine, never actually sue anybody... but if they can scare you enough to give them $375 for the cost of a postage stamp, they're making big bucks.

You can probably ignore the letter. If they actually tried to sue you, they know it is extremely unlikely they would ever get that kind of money.

This topic comes up at least once a week, so I've written a legal guide on the subject. See the link below.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

The letter you got was a "civil demand letter." The Penal Code does allow a merchant to sue for damages up to $500 for a theft case. There are law firms that contract with retailers and do nothing but send out these intimidating letters. They work under the assumption that people will pay their outrageous claims for hundreds of dollars for no greater investment than the cost of a letter and postage. As you pointed out, they are not really "damaged" in any way - assuming the merchandise was able to be resold and their employees were already there and on the clock - how are they out any money?

It has absolutely nothing to do with any criminal prosecution and paying it will not mean the DA will not file charges. If you pay, it only guarantees they won't file a small claims case against you.

If you ignore the letter, they have to make a choice - file a suit or let it go. If you look through answers here on avvo.com, the overwhelming opinion is that these law firms almost never follow through and file a suit. They're all bark and no bite. If you are the one in a million person that gets a lawsuit filed over $13 worth of theft, (I cannot imagine they actually would), then you can always choose to settle later or fight and point out that they did not suffer any actual monetary damages.

I agree with the wise assessments of both of my colleagues. If you are near either one, I suggest thast you contact them for a consultation in regards to this matter, before any decisions are made on how to resolve it. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.