Puerto Rico 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

Section 1802 of the Puerto Rico Civil Code provides that ?[a] person who by an act or omission causes damage to another through fault or negligence shall be obliged to repair the damage so done.? P.R.

In determining whether to award punitive damages, consider all relevant evidence, including but not limited to the following: (1) the likelihood, at the relevant time, that serious harm would arise from (defendant's) conduct; (2) (defendant's) awareness or reckless disregard of the likelihood that such serious harm ...

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.

A: The Prayer for Relief is not an allegation, and need not be directly responded to. However, the typical Prayer for Relief in a Response goes something like this: "WHEREFORE, Respondent prays that the Petition for Dissolution be dismissed with cost assessed against the Petitioner."

A claim for relief is a particular set of facts that one party puts forth in a pleading in court to establish that they have a right to recover against a defendant.

Another example is if a company is suing a former employee for stealing trade secrets. In their complaint, they may include a prayer for relief asking for an injunction to prevent the former employee from using or disclosing the trade secrets, as well as damages for any harm caused by the theft.

The amount of money the Plaintiff is asking for is called Damages. You may also see it described as the prayer amount. This is the amount you owe. It can include costs to cover court fees and attorney's fees.

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Puerto Rico Complaint for Conversion Seeking Punitive Damages