Complaint with Jury Demand for Conversion and Negligence
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FAQ
A conversion occurs when a person without authority or permission intentionally takes the personal property of another or deprives another of possession of personal property. It is a tort which allows the injured party to seek legal relief.
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.
Under California law, conversion is a civil cause of action that applies when a person unlawfully and without permission takes or interferes with your possession of your property. You can bring a claim for. recovery of the property, or. compensation for the value of the lost property.
Conversion can occur when someone, acting without your consent, does any of the following with your property: Takes and fails to return your property. Sells your property. Substantially changes your property, like cutting down trees to use the wood in construction. Severely damages or misuses your property.
For example, a person who picks up a necklace off the ground with the intent to resell it because they erroneously believed it was abandoned still converted that necklace. The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
To establish a conversion claim, a plaintiff must prove that: it had a possessory interest in the property, the defendants intentionally interfered with the plaintiff's possession, and. the defendants' acts are the legal cause of the plaintiff's loss of property.
Your neighbor took your bike without asking and now the frame is bent. The bike isn't rideable in this condition and the neighbor refuses to replace it. You could file a criminal complaint with the police, but that won't get your bike fixed.
For example, a janitor has a duty to put up a wet floor sign after mopping. If he or she fails to put up the sign and someone falls and injures themselves, a negligence tort case may be filed. Examples of negligence torts include car accidents, bicycle accidents and medical malpractice.
