What are the elements of conversion and what is the test for conversion?

California, United States of America


The following excerpt is from Spates v. Dameron Hosp. Assn., 114 Cal.App.4th 208, 7 Cal.Rptr.3d 597 (Cal. App. 2003):

"Conversion is the wrongful exercise of dominion over the property of another. The elements of a conversion are the plaintiff's ownership or right to possession of the property at the time of the conversion; the defendant's conversion by a wrongful act or disposition of property rights; and damages. It is not necessary that there be a manual taking of the property; it is only necessary to show an assumption of control or ownership over the property, or that the alleged converter has applied the property to his own use." (Oakdale Village Group v. Fong (1996) 43 Cal.App.4th 539, 543-544, 50 Cal.Rptr.2d 810.)

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