Legal Question in Civil Litigation in California

Is this conversion and are punitive damages warranted?
My grandmother gave everyone in our family a gift of $12,000.00 in the form of a check. My check, which was written out to me, was mailed to my mother's house. My mother showed me the check, let me hold it for about 3 minutes, and then took it back and said she was going to ''hold it for me.'' I have made numerous requests for her to give me back the check, but she has flat out refused. Now she says she has put the money in a fund, that cannot be touched. I asked her how she could have done that without my knowledge, consent or signature, and she lied and said she had sent the check back to my grandmother who in turned rewrote the check in my mother's name. I spoke to my grandmother and she said she never got the check back and couldnt understand why I was not given the check. I am in a situation where I am in dire need of those funds in order to secure a safe place of residence for myself and my two daughters. I again requested the money from my mother and again she refused and threatened to send the money back to my grandmother. My mom is extremely controlling. My sisters were both given their checks. I hate to do it but it seems I may have to sue her to get the funds. What are my options? What damages can I claim?

Asked on 11/17/08, 12:50 am

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Is this conversion and are punitive damages warranted?

First ask your grandmother whether the check was cashed. If it wasn't, and if more than six months have passed, the check has probably gone stale by now. Even if it hasn't, your grandmother can simply stop payment on it and issue you a new check.

If the check has been cashed, you can sue your mother for conversion. Your compensatory damages would be the amount of the check, plus 10% simple interest from the day that it was received. Depending upon the circumstances, you may also be able to claim damages for emotional distress. You will be able to claim punitive damages, but your ability to recover on them would depend in part upon her financial condition.

Keep in mind that a lawsuit takes time. Unless your mother caves in quickly, this is unlikely to get you the urgent relief you and your daughters seem to need.

You also have the option of reporting your mother to the police, since what you describe is a serious crime. Just be very careful about threatening to turn her in unless she gives you the money, since that could be construed as extortion and could land you behind bars.

Good luck.

Answered on 11/17/08, 1:04 am

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