A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.
California Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion: In the state of California, the unauthorized sale of personal property can potentially amount to conversion, a civil wrong. Conversion occurs when someone intentionally interferes with another individual's personal property rights, without their consent, resulting in the deprivation of the owner's possession or control over the property. This Instruction to Jury is a crucial tool utilized by judges to inform jurors about the possibility of conversion in cases involving the unauthorized sale of personal property in California. Its purpose is to help jurors understand the legal concept of conversion and determine whether the elements required for a conversion claim are present in a particular case. Key elements of this instruction include: 1. Unauthorized Sale: The instruction emphasizes that the sale of personal property must have occurred without the owner's permission or consent. It points out that even if the seller believed they had the right to sell the property, it may still be considered unauthorized if the owner's consent was lacking. 2. Intentional Interference: Jurors are instructed to consider whether the defendant intentionally interfered with the owner's possessor or ownership rights over the personal property. This element requires a deliberate act by the defendant that substantially interferes with the owner's enjoyment, control, or possession of the property. 3. Deprivation of Possession or Control: The instruction instructs jurors to determine whether the unauthorized sale of personal property by the defendant resulted in the owner's deprivation of possession or control over the property. If the owner was unable to exercise their rights as a result of the sale, conversion may be established. Different types of California Instructions to Jury that Unauthorized Sale of Personal Property can Constitute Conversion include: 1. Basic Instruction: This instruction provides a general overview of the elements required to prove conversion in cases involving unauthorized sale, as detailed above. 2. Enhanced Instruction: This instruction may include additional details or factors that jurors should consider when evaluating a conversion claim involving an unauthorized sale. It may provide examples or clarify specific scenarios where conversion may or may not apply. 3. Damages Instruction: This type of instruction may focus on guiding jurors in assessing the appropriate damages if they find the defendant liable for conversion through unauthorized sale. It may cover compensatory damages to restore the owner's losses, punitive damages to deter similar conduct, or any other relevant damages available under California law. By including California Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion in a trial, the judge ensures that jurors have a clear understanding of the legal doctrine and factors to consider when deciding whether conversion has occurred as a result of an unauthorized sale of personal property.
