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Utah Complaint for Conversion Seeking Punitive Damages

Category:
Civil Procedure - Conversion
State:
Multi-State
Control #:
US-02074BG
Format:
Word; 
Rich Text
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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

The Supreme Court has repeatedly struck down excessive punitive damages awards as arbitrary deprivations of property without due process of law. In State Farm Mutual Automobile Insurance Co. v.

The right to a punitive damages award in California is strictly statutory. 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.

(3) 2028. In determining the amount of punitive damages, you may award punitive damages for the purpose of punishing [name of defendant] only for [harm] [attempted harm] [damage] to [name of plaintiff]. You may not award punitive damages for the purpose of punishing harm or attempted harm to other people.

Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim. See e.g. O'Gilvie Minors v.

The exact measure of compensation due to a plaintiff whose goods have been wrongfully converted may be merely nominal if the wrong is technical and the defendant can return the goods; it may be limited to the actual damage where the goods can be returned, but the wrong is substantial; but in ordinary cases it is the ...

One of their central criticisms goes to the idea of punitive damages as "quasi-criminal" punishments. Noting that proponents talk of retribution and deterrence, these critics argue that it is unfair to impose these "criminal" fines on defendants who do not have the usual safeguards of criminal procedure.

Large punitive damages awards may implicate federal constitutional standards. Defendants frequently challenge these damage awards in appellate courts as excessive under the Fourteenth Amendment's Due Process Clause, both substantively and procedurally (more on this below).

That the applicable punitive damages statute could not have given notice that the conduct was prohibited) or through the lens of the common law (in the sense that the defendant's conduct could not be deemed objectively unreasonable), the Constitution prohibits the imposition of punishment under such circumstances.

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