Trespass to Chattels Cases in Small Claims Court (California)
When someone intentionally interferes with or damages your personal property without your permission, it can be considered trespass to chattels. This legal claim is specifically related to interference or damages to personal property and not real property.
Common examples of trespass to chattels cases:
- Damage to Personal Property: Intentional damage to your property without permission.
- Wrongful Possession: Taking possession of your property without permission and preventing you from using it.
- Unauthorized Borrowing or Use: Borrowing or using your property without permission, causing damage or preventing you from using it.
- Removal of Property: Moving your property to a different location without permission.
- Online Interference: Unauthorized access to your online accounts, causing disruption or inconvenience.
🛈 Note that different states may have different laws about causes of actions and elements. This article is based on California law, please review your state law.
Elements
To win a trespass to chattels case, you must to prove these elements:
Ownership: You owned, possessed, or had a right to possess the property.
Interference: The defendant intentionally interfered with your use or possession of the property, or they damaged it.
Consent: You did not consent to the defendant’s action.
Damages: You were harmed by the defendant’s action.
Example
Your cousin borrowed your new lawn mower without permission, damaging it. You had to repair it after he returned it. Details:
- Ownership: 05/22/2022, purchased from Home Depot.
- Interference: 06/01/2022, cousin took and damaged the mower.
- Consent: 06/02/2022, informed cousin of no access to the mower.
- Damages: 06/10/2022, repaired the mower costing $100.
To prove an element, gather supporting evidence such as key events in your timeline. Include events and evidence in your timeline to convince the judge of your case.
Proving Ownership
To win your case, you must demonstrate ownership or right to possess the property. Failing to do so may result in the defendant claiming ownership or disputing your right to use the property, potentially leading to their defense.
Events for the timeline:
- Receipt or sales records of purchase.
- Statement or will from the giver.
- Lease or rental papers proving usage rights.
- Testimony from witnesses.
- Photos or videos of possession.
- Unique markings or numbers.
- Title or registration papers.
- Loan agreements or insurance papers.
Example
You bought the lawn mower from Home Depot, so you attach the receipt and a photo of you with the mower in front of your house on the purchase day.
Proving Interference
To win your case, you must show that the defendant intentionally interfered with your property use or caused damage, which can include preventing use or causing any level of damage. Failure to prove this may lead to the defendant claiming innocence.
Events for the timeline:
- Witness statements of the defendant's actions.
- Photos or videos (e.g. security camera footage) of the defendant's behavior.
- Communications like text messages or emails showing intentional interference with the property.
- Police or incident reports filed after the property was trespassed upon.
Example
Before your cousin took the lawn mower, it had no damage. When your cousin returned the lawn mower, it was damaged. You can include a picture of the lawn mower the week before it was taken that shows it had no damage. You can also include security camera video footage that shows your cousin taking it from your property and returning it to your property; the footage shows that it was not damaged when they took it, but that it was damaged when they returned it.
Proving Consent
You must prove you did not consent to the interference with your property. If you can't prove this, the defendant may argue you gave permission for them to take it.
Events for the timeline:
- Communication denying permission to use your property or requesting non-interference.
- Witness statements from those present when you told the defendant not to use your property.
- Videos (e.g. security camera footage) showing denial of property use.
- Written records (social media posts, emails) expressing refusal to allow property use.
- Police or incident reports filed after property was taken without permission.
Example
When you see on your security camera that your cousin has taken your lawn mower, you text him to ask for it back and to tell him that he did not have your permission. Your cousin admits via text that he had taken the lawn mower without asking and thought you would be okay with it. You can include the text message exchange to show that he did use the mower without your consent.
Proving Damages
To claim money owed due to interference with your property, prove harm caused by the defendant's action, showing it was a key factor. Calculate damages based on harm suffered from interference or repair costs for property damage. Provide detailed calculation of the amount owed.
Events for the timeline:
- Receipts, quotes, or expert witness statements showing the property value.
- Payment receipts for penalties or fees paid due to the interference.
- Quotes or expert witness statements estimating property damage costs.
- Lost wages or work opportunities.
Example
You had to take your lawn mower to a repair shop to fix the damage. You can submit the $100 invoice from the shop to show that you paid to return the mower to its original working condition, proving you are owed $100.
Difference Between Trespass to Chattels and Conversion
Similar to trespass to chattels, conversion also involves intentional interference with personal property. The key difference lies in the extent of interference with the property. Trespass to chattels entails an act that doesn't reach the level of conversion, as the defendant is only liable for the actual damage caused.
In contrast, a conversion case demands the defendant to compensate the owner with the full market value of the property. When the owner is completely deprived of the property due to destruction or inability to return it, a conversion claim is suitable. If the owner retains the property but its value is reduced, then a trespass to chattels claim is appropriate.