Theft By Conversion California For Couples
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How to fill out California Complaint For Conversion Of Personal Property?
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FAQ
The most common type of remedies offered to victims of property conversion are monetary damages that are equal to the full value of the property. The value of the property will be calculated based on what the fair market value of the property was at the time the conversion took place.
Conversion is a civil claim and is very similar to and often identical to the criminal charge of theft. Theft is a criminal charge where conversion is the civil claim for the same action.
Let's say you work for a trucking company and the company lawfully provides you with a truck to deliver merchandise to a retail store. Rather than using the truck to make deliveries, you take the truck for your own use without ever returning it. That is theft by conversion. Another great example is rental cars.
Damages Available: A plaintiff is entitled to damages equal to the full value of the chattel at the time and place of conversion. The measure of damages in conversion is the fair market value of the property at the time and place of the conversion. Vaughn v.
Under California law, the elements required to prove a claim of conversion are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages. (Burlesci v.