Alaska Complaint for Conversion Seeking Punitive Damages

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Multi-State
Control #:
US-02074BG
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Word; 
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Description

Conversion occurs when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must generally prove that he or she demanded the property returned and the defendant refused to do so.


Punitive damages are damages awarded in a lawsuit as a punishment and example to deter others from malicious, evil or particularly fraudulent acts. Plaintiff has the burden of proving that punitive damages should be awarded, and the amount, by a preponderance of the evidence. In order to succeed, the plaintiff must prove that the defendant's conduct was malicious, or in reckless disregard of plaintiff's rights.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Examples of breaches can include stealing clients away from an employer, misappropriating funds, or working with or for the competition.

Improperly favoring one beneficiary over another. Colluding with some beneficiaries to deprive others of their estate assets. Poor judgment (e.g. making incompetent investment decisions using estate assets) Stealing or misusing property that belongs to estate heirs.

A breach of fiduciary duty is not a criminal act but can be associated with one. For example, if the Trustee was self-dealing, e.g., selling a property, for instance, way below fair market value to a friend or themselves, then a court may see this as a form of embezzlement.

A breach of fiduciary duty happens when a fiduciary fails to uphold their duties and responsibilities and doesn't act in the beneficiary's best interest. For example, if a board member leaked information about an upcoming deal to a friend and the deal fell through because of it, this would be a breach.

The standard for proving a breach of fiduciary duty varies from jurisdiction to jurisdiction. Typically, a claim for breach of fiduciary duty includes four elements: 1) the existence of a fiduciary duty; 2) a breach of that duty (through an act or omission); 3) damages; and 4) causation.

In order to properly write a cause of action, several things must be included. The names of the Plaintiff and Defendant. The legal means by which the Plaintiff is bringing the lawsuit. Be sure to only include the facts, not opinions. ... Offer expert opinions and lay out the evidence. ... Request of relief.

Punitive damages and their purpose Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.

The prayer for relief is the part of complaint where a plaintiff states the damages or other remedies it is seeking from the court in a lawsuit. Federal Rules of Civil Procedure 8(a)(3) requires that a plaintiff's pleadings contains a prayer for relief. The prayer is often located at the end of the complaint.

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Alaska Complaint for Conversion Seeking Punitive Damages