What is the test for an amended complaint alleging conversion?

California, United States of America


The following excerpt is from Silkes v. Servicing, B252857 (Cal. App. 2014):

The complaint fails to allege any facts that would state a claim for conversion. "The tort of conversion applies to personal property, not real property." (Salma v. Capon

Page 23

(2008) 161 Cal.App.4th 1275, 1295; Munger v. Moore (1970) 11 Cal.App.3d 1, 7.) To the extent the complaint's conversion claim concerned personal property, the complaint fails to allege any facts identifying the property, or defendants' actions that have converted that property. At most, Silkes argues only that the demand for an inflated escrow payment was an "attempt" at conversion. This is insufficient. Silkes fails to articulate how the complaint could be amended to state a viable conversion claim.

Other Questions


What is the effect of amending a complaint to amend it to amend the original complaint? (California, United States of America)
Does an amended complaint need to include an amended version of the allegations contained in the original complaint? (California, United States of America)
Does a plaintiff have to amend his second amended complaint to a third amended complaint? (California, United States of America)
What is the test for a motion to amend a complaint to amend the complaint? (California, United States of America)
Can plaintiff Gray bring a motion to amend his Complaint to allow him to file a second amended complaint? (California, United States of America)
Can a motion for relief be denied even though the prayer of the complaint is inconsistent with allegations in the first amended complaint? (California, United States of America)
Can a plaintiff avoid demurrer by pleading facts in an amended complaint that contradict or omit, harmful allegations pleaded in a previous complaint? (California, United States of America)
Can a district attorney amend the complaint to amend the date of the alleged offence before pleading? (California, United States of America)
What is the difference between a third amended complaint and a fourth amended complaint? (California, United States of America)
Can a plaintiff amend their second amended complaint to correct the defects of the original complaint? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.