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Guam
Complaint for Conversion Seeking Punitive Damages

Guam Complaint for Conversion Seeking Punitive Damages

Category:

Civil Procedure - Conversion

State:

Multi-State

Control #:

US-02074BG

Format:

Instant download

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

In Guam, the judiciary has two general levels. The Territorial Superior Court is the trial court of general jurisdiction. The Supreme Court of Guam is the highest court.

Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages.

Under the Florida Rules of Civil Procedure, punitive damages cannot be alleged in a complaint without leave of court. A party is required to move for leave to amend to allege punitive damages, and must proffer an evidentiary record to support the basis for such damages.

You may award punitive damages only if [name of plaintiff] proves by clear and convincing evidence that [name of defendant] engaged in that conduct with malice, oppression, or fraud.

Punitive damages are only available when a defendant's conduct was fraudulent, intentional, or willful and wanton. Defendants who engage in such conduct are considered to have recklessly disregarded the substantial and high degree of risk that someone else might suffer severe injuries because of their behavior.

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.

Maryland 8.22 Multiple Conspiracies.

Massachusetts 8.22 Multiple Conspiracies.

Michigan 8.22 Multiple Conspiracies.

Minnesota 8.22 Multiple Conspiracies.

Mississippi 8.22 Multiple Conspiracies.

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