Yes. When someone wrongfully interferes with your control of personal property then often a lawsuit for a conversion cause of action may apply.
What is personal property?
Personal Property is for most individuals or businesses are things like cars, belongings, clothing, monies. Personal Property is distinguished from real property which is real estate.
What is the legal definition of Conversion?
Conversion is the wrongful exercise of dominion over the property of another. The elements of a conversion claim are: (1) the plaintiff’s ownership or right to possession of the property; (2) the defendant’s conversion by a wrongful act or disposition of property rights; and (3) damages.” (Lee v. Hanley (2015) 61 Cal.4th 1225, 1240 [191 Cal.Rptr.3d 536, 354 P.3d 334].)
If someone has wrongfully taken or interfered with your personal property, you may have grounds for a conversion lawsuit. Consulting with an experienced business attorney can help you understand your legal options and potential recovery.
Does the person accused of Conversion required to have a certain level of intent?
No. Conversion is a strict liability tort, See Fong v. East West Bank (2018) 19 Cal.App.5th 224, 235 [227 Cal.Rptr.3d 838]. “[C]onversion is a strict liability tort. It does not require bad faith, knowledge, or even negligence; it requires only that the defendant have intentionally done the act depriving the plaintiff of his or her rightful possession.” (Voris v. Lampert (2019) 7 Cal.5th 1141, 1158 [250 Cal.Rptr.3d 779, 446 P.3d 284].)
What does Strict Liability mean?
Strict liability means that alleged converter of property does not have to be proven to have acted unreasonably (like negligence) or that the alleged converter intended to deprive the Plaintiff of their property. The only requirement for conversion would be that there was a knowing and intentionally done act done by the alleged converter.
Has Nick Heimlich represented parties involving claims for conversion in Court?
Yes, Nick Heimlich has represented multiple clients involving claims about conversion of personal property. Mr. Heimlich has litigated claims for conversion in local courts, such as Santa Clara County Superior Court in downtown San Jose where most civil cases are heard in the city of San Jose. If someone has interfered with a significant piece of your personal property without any right to do so, then contact Mr. Heimlich to see if he can assist you. If you have been accused of conversion in a lawsuit, you can contact Mr. Heimlich to defend you in the lawsuit.
Whether you need to pursue a conversion claim or defend against one, having skilled legal representation is essential. A knowledgeable business lawyer can evaluate your case and develop the most effective legal strategy.
Dealing with Personal Property Interference?
Conversion cases require a thorough understanding of California property law and the ability to prove the essential elements of your claim. Whether someone has wrongfully taken your property or you’ve been accused of conversion, the stakes can be significant.
Contact Nick Heimlich Law to discuss your conversion case. Our experienced legal team has successfully handled numerous conversion cases in Santa Clara County and throughout California. Don’t let interference with your personal property go unaddressed – protect your rights with professional legal guidance.
