Theft By Conversion California Foreclosure
Description
How to fill out California Complaint For Conversion Of Personal Property?
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FAQ
The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
Conversion is charged when a person is accused of knowingly or intentionally exerting unauthorized control over property of another person. This crime differs from theft because there is no element of intending to deprive the other person of the value or use of the property. Conversion is a Class A misdemeanor.
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, 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.
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.