Gavin Howe
In California, conversion is a civil cause of action that applies when a person unlawfully and without permission takes or interferes with another's possession of their property. To prove a case of conversion, the owner of the property (the plaintiff) must establish that they had ownership or right to the property at the time it was converted, the defendant wrongfully took the property or interfered with the owner's ability to use it, and the defendant's actions caused the plaintiff to suffer damages. While theft will always be conversion in civil lawsuits, not all types of conversion are necessarily theft. Therefore, unsecured creditors can argue conversion under California law if they can prove these elements.
| Characteristics | Values |
|---|---|
| Type of claim | Civil claim |
| Applicable law | California law |
| Similarity to theft | Similar but not identical; theft is a criminal charge, conversion is civil |
| Property type | Personal property, not real property |
| Time limit | Three years from the date the property was wrongfully taken |
| Elements of the claim | Plaintiff had ownership or right to possession of the property; defendant wrongfully took the property or interfered with the plaintiff's ability to use it; defendant acted without plaintiff's consent; plaintiff suffered damages |
| Damages | Recovery of the property; value of the property at the time of conversion with interest; costs of recovering the property; injunction |
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What You'll Learn
Proving ownership or right to possession of property
In California, conversion is a civil cause of action that applies when a person unlawfully and without permission takes or interferes with another person's possession of their property. To prove a case of conversion, the plaintiff must prove each of the following elements:
Firstly, the plaintiff must prove they had ownership or the right to the property at the time it was converted. This means that if the plaintiff neither has title to the property alleged to have been converted, nor possession thereof, they cannot maintain an action for conversion. The plaintiff must also prove that the defendant assumed control and/or ownership over that property, or altered it in a way that caused it to no longer be of use to the plaintiff.
Secondly, the plaintiff must prove that the defendant wrongfully took the property or interfered with the owner's ability to use it. The defendant's actions must have caused the plaintiff to suffer damages, such as the loss of the property. It is important to note that conversion actions are strictly limited to personal property or chattels (items of property other than real estate). Real property refers to land or structures attached to that land, and different legal claims, such as trespass, are designed to address the taking of real property.
Thirdly, the plaintiff must prove that the defendant purposely meant to deprive the owner of their property. This can be established by showing that the defendant intended to convert the goods and to exercise ownership over them or to prevent the plaintiff from doing so.
It is worth noting that California's statute of limitations for bringing a conversion lawsuit is three years from the date the personal property was wrongfully taken. People who wait longer than three years will have their case dismissed by the court.
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Defendant's conversion by a wrongful act
In California, conversion is a civil cause of action that occurs when a person intentionally interferes with or takes another's personal property without permission. It is the civil counterpart of the crime of larceny (theft of personal property).
To prove a case of "Defendants' conversion by a wrongful act", the plaintiff must establish the following:
- The plaintiff had ownership or the right to possess the property at the time it was converted. This includes every species of personal property, whether tangible or intangible, that is subject to private ownership. It is important to note that real property, such as land or structures attached to the land, cannot be the subject of a conversion action.
- The defendant's wrongful act: The defendant intentionally interfered with, deprived the plaintiff of their property, or assumed control/ownership over it without the plaintiff's consent. It is not necessary to prove that the defendant intended to harm the plaintiff's property, only that they intentionally took possession without the right to do so.
- The defendant's actions caused the plaintiff to suffer damages, such as the loss of the property or interference with their ability to use it.
It is important to note that the plaintiff must prove each element of the claim for conversion to be successful. Additionally, California has a statute of limitations of three years from the date the personal property was wrongfully taken for bringing a conversion lawsuit.
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Resulting damages
In California, a plaintiff may seek both civil relief and criminal prosecution of an individual who has converted their property. However, since criminal charges are at the prosecutor's discretion, the plaintiff can only sue for damages using the civil court system.
To prove a case of conversion, the owner of the property (the plaintiff) must prove each element of the claim: they had ownership or right to the property at the time it was converted; the defendant wrongfully took the property or interfered with the owner's ability to use it; and the defendant's actions caused the plaintiff to suffer damages.
Even if a person is able to get back the personal property, they lost the value of their possession and ownership of it for however long the property was gone. This is compensable with money damages in a civil lawsuit. A person deprived of their property can sue for and receive damages such as:
- Recovery of the Property: A person can sue for the return of the specific property (called "replevin" under common law). This enables a person to get back what was wrongfully taken from them.
- Value of the Property: A person can sue for the value of the property at the time of the conversion and the accrued interest from the time the property was taken.
- Costs of Recovering the Property: It often takes money to get wrongfully converted property back, and those funds can be recovered through a lawsuit.
- Injunction: An injunction is an order from a court to do or not to do something.
The "value of the property" at the time of the conversion is determined by its market value at that time. However, where certain property has a peculiar value to a person recovering damages for deprivation or injury, that may be deemed to be its value against a willful wrongdoer.
In exceptional circumstances, to avoid injustice, loss of profits may be the measure of damages. Although good faith and mistake are not defences to an action for conversion, the plaintiff's damages will be reduced if the defendant returns the property or the plaintiff otherwise recovers the property.
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Statute of limitations
In California, the statute of limitations for bringing a conversion lawsuit is three years from the date the personal property was wrongfully taken. People who wait longer than three years will have their case dismissed by the court.
The statute of limitations for conversion claims in California is three years, and this period typically begins from the date of the incident or the discovery of the wrong. This means that an unsecured creditor in California has three years to argue conversion under civil law from the date that they discovered their property had been taken or interfered with.
Conversion is a civil cause of action that applies when a person unlawfully and without permission takes or interferes with another person's possession of their property. To prove a case of conversion, the owner of the property (the plaintiff) must prove each of the following: they had ownership or a right to the property at the time it was converted; the defendant wrongfully took the property or interfered with the owner's ability to use it; and that the defendant's actions caused the plaintiff to suffer damages (i.e., the loss of the property) as a result.
It is important to note that the statute of limitations for conversion claims in California may be subject to change due to factors such as tolling, which can extend the time available to file a claim. Additionally, the laws are always subject to change through the enactment of new legislation or higher court decisions. Therefore, it is advisable to consult with an attorney to discuss the specific circumstances and legal aspects of a case to determine the applicable statute of limitations and filing deadlines.
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Civil relief and criminal prosecution
In California, a plaintiff may seek both civil relief and criminal prosecution of an individual who has converted their property. However, since it is up to the local prosecutor to decide whether or not to press charges and file a criminal lawsuit, the plaintiff can only sue for damages using the civil court system. They can do this by proving that the defendant was responsible for the conversion of their property.
To prove a case of conversion, the plaintiff must prove each of the following elements: they had ownership or the right to the property at the time it was converted; the defendant wrongfully took the property or interfered with the owner's ability to use it; and the defendant's actions caused the plaintiff to suffer damages (i.e., the loss of the property) as a result.
Conversion is a civil claim and is very similar and often identical to the criminal charge of theft. Theft is a criminal charge where conversion is the civil claim for the same action. Under a conversion theory, theft is not the only thing that can count as “interference” with the use of property. For example, a plaintiff may never sue for conversion of their house. Instead, they would have to file a claim for trespass. However, if a defendant made off with the plaintiff’s towel rack or window coverings, then the plaintiff could sue for conversion because these items are considered fixtures. Money and other financial instruments may also be converted in California, but only if they are identifiable by a specific sum.
In California, it is not necessary that the defendant physically takes the property in question away. Instead, the plaintiff will only need to prove that the defendant assumed control and/or ownership over that property, or has altered it in a way that causes it to no longer be of use to the plaintiff. A person deprived of their property can sue for and receive damages such as but not limited to the recovery of the property, the value of the property at the time of conversion, and the costs of recovering the property. In extreme cases, the plaintiff may request relief in the form of punitive damages and/or emotional distress damages.
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Frequently asked questions
Conversion is a civil cause of action that applies when a person intentionally and without permission takes or interferes with another person's possession of their property. It is the civil counterpart of the crime of larceny or theft.
The plaintiff must prove the following:
- The plaintiff had ownership or the right to possession of the property at the time it was converted.
- The defendant wrongfully took the property or interfered with the plaintiff's ability to use it.
- The defendant acted without the plaintiff's consent.
- The defendant's actions caused the plaintiff to suffer damages (i.e., the loss of the property) as a result.
A person can sue for:
- Recovery of the specific property (called "replevin" under common law).
- The value of the property at the time of conversion, with interest accrued from the time the property was taken.
- Costs of recovering the property, including money and time spent in pursuit of the property.
- An injunction, which is an order from a court to do or not to do something.
