Legal Question in Business Law in California

California Civil Code Tort

How much monetary damages per Cal.

Civil Code 3336-3338 can i ask for from

the court. Is there a limit? The case is

for 15k (limited).


Asked on 1/28/09, 5:31 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: California Civil Code Tort

The answer is in Section 3336, which I have included below. You may also be able to recover punitive damages depending upon the facts of the case.

SECTION 3336. The detriment caused by the wrongful conversion of personal property is presumed to be:

First -- The value of the property at the time of the conversion, with the interest from that time, or, an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; and

Second -- A fair compensation for the time and money properly expended in pursuit of the property.

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Answered on 1/28/09, 6:06 pm
Daniel Harrison Berger Harrison, APC

Re: California Civil Code Tort

If your claim is for conversion, section 3336 spells out what you can recover. You may be entitled to punitive damages as well, depending on how "wrongful" the conversion was. Feel free to email or call with further questions.

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Answered on 1/28/09, 7:59 pm


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