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.
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 prove that he or she demanded the property returned and the defendant refused to do so.
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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.
The two elements of a conversion claim are 1) that the plaintiff actually had the right to possess the property and 2) that the defendant actually assumed control over the property that the plaintiff had a right to control and possess, and thereby interfered with the plaintiff's property in a manner that infringed on ...
In relation to chattels, the tort of trespass only protects possession, while an action in conversion can be brought by a person in actual possession, or a person with the right to immediate possession. The concept of possession is not limited to actual physical occupation or custody.
Proving trespass to chattels and conversion involve the following elements: (1) the plaintiff owns or has the right to possess the personal property at issue; (2) the tortfeasor intentionally interfered with the plaintiff's property; (3) the tortfeasor deprived the plaintiff of possession or use of the property at ...
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.
The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
Affirmative Defense of Qualified Refusal A ?qualified refusal,? made in good faith, where the defendant had a reasonable doubt about the plaintiff's right to immediate possession, is a defense to conversion.
The act constituting "conversion" must be an intentional act, but does not require wrongful intent, and is not excused by care, good faith, or lack of knowledge. Fraudulent intent is not an element of conversion.
