Conversion Cases in Small Claims Court (California)
Conversion claims occur when someone wrongfully takes, keeps, or damages your personal property, causing you to be owed money equal to the full value of the property.
This legal claim is about significant interference with or damage to personal property, not real property. Examples of personal property are cars, electronic devices, and furniture. If you are affected, you can seek compensation in court for the property's market value.
Common examples of conversion cases:
- Theft: Someone steals your personal property without permission, depriving you of the property.
- Unauthorized Sale: Someone sells your personal property without your permission.
- Destruction of Property: Someone intentionally destroys your belongings.
- Wage withholding: Your employer wrongfully takes or withholds your property or wages.
- Refusal to Return Property: Someone borrows or rents your personal property, but refuses to return it after the agreed-upon time.
- Unauthorized Use for Profit: The other party uses your copyrighted property for profit without permission or payment.
- Wrongful repossession: Your property is wrongfully repossessed by a company claiming non-payment.
🛈 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 conversion case in court, you must prove the following elements:
Ownership: You owned, possessed, or had a right to possess the property.
Conversion: The defendant interfered with your property by taking, preventing use, destroying, or refusing to return it after demand.
Consent: You did not consent to the defendant’s action.
Damages: You were harmed by the defendant’s action.
Example
You bought a new lawn mower for $600 and your cousin took it without permission.
- Ownership: You purchased the lawn mower from Home Depot.
- Conversion: Your cousin took your lawn mower and prevented you from using it.
- Consent: You never gave your cousin permission to take your lawn mower.
- Damages: You are owed the price of the lawn mower ($600) and the cost for a gardener to mow your lawn for two months ($200).
To prove an element is true, gather supporting evidence. Include key events in your timeline to show what occurred in your case. Here are examples of events and evidence to convince the judge and win your case.
Proving Ownership
To win your case, you need to demonstrate ownership, possession, or right to possess the property. Failing to do so could result in the defendant claiming ownership or disputing your right to use the property, leading to potential defense.
Events to include in your timeline:
- Receipt or sales records of the property purchase.
- Statement or will from the person who transferred the property.
- Lease or rental documents proving property use rights.
- Testimony from witnesses who saw you acquire the property.
- Photos or videos of you with the property.
- Unique markings or numbers linking the property to you.
- Title or registration papers e.g. vehicle registration.
- Loan agreements or insurance papers tied to the property.
Example
Include a copy of the receipt and a picture of you with the mower in front of your house taken on the day of purchase.
Proving Conversion
To prove conversion, show that the defendant interfered with your property by taking, preventing access, destroying, or refusing to return it. Even if the property is returned, you may have a case if you suffered damages.
Events to include in your timeline:
- Witness statements of defendant's actions.
- Photos or videos (e.g. security camera footage) of defendant's actions.
- Text messages or emails between you and defendant.
- Police or incident reports filed after the property was taken.
Example
When you found out your cousin had taken your lawn mower, you saw it in his garage. You took a picture as evidence and can use a witness statement from your aunt, confirming he brought it home the same day you couldn't find it.
Proving Consent
You must prove you did not consent to the defendant taking control of your property. Failing to do so may result in the defendant claiming you allowed them to take your property.
Events to include in your timeline:
- Communication (text messages or emails) where you denied permission to use your property or asked for its return.
- Witness statements from individuals present when you refused permission for the defendant to use your property.
- Videos (e.g. security camera footage) where you informed the defendant they couldn't use your property.
- Written records (social media posts or emails) expressing your refusal to let the defendant or anyone use your property.
- Police or incident reports filed after your property was taken to demonstrate lack of permission given to the defendant.
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 inform him that he did not have your permission. Your cousin admits via text that he took the lawn mower without asking and assumed you would be okay with it. The text message exchange can prove that he intentionally used the mower without your consent.
Proving Damages
To prove that you are owed money due to interference with your property, demonstrate harm caused by the defendant's action, which was a key factor in causing harm. If the defendant's actions prevented you from using your property, calculate damages based on the harm suffered. If the defendant damaged your property, calculate the cost of repair. Clearly outline how you determined the final amount owed to you. The judge will seek an explanation for the calculation.
Events to include in your timeline:
- Receipts, quotes, or expert witness statements showing property value.
- Payment receipts for penalties or fees paid due to interference.
- Quotes or statements estimating damages caused by interference.
- Lost wages or work opportunities due to conversion.
If you recover your property and it was not destroyed, you may still be owed money due to the defendant's actions. For instance, if your equipment was taken, you might have lost jobs that required the equipment. This loss could be part of the compensation sought in court.
Example
Your cousin never returned the mower, so you are asking for $600, the original price you paid. You also had to hire a gardener to help with mowing your lawn to avoid HOA penalties for 2 months, costing a total of $200. Seeking $800 in total damages. You can include the receipts for the replacement mower and gardener invoices as evidence of payment.
Difference Between Conversion and Trespass to Chattels
Similarly to the claim for conversion, the claim for trespass to chattels also involves intentional interference with personal property. The main difference is the level of interference. Trespass to chattels is an act that falls short of conversion because the defendant is responsible only for the actual damages caused.
Conversion requires the defendant to pay the full market value of the property to its owner. If the owner is fully deprived of their property and it can't be returned, the conversion claim applies. In cases where the owner is not fully deprived but the property's value has been diminished, the trespass to chattels claim is more suitable.