Wednesday, October 7, 2009
What is conversion and how do you prove the claim in a Texas court?
Cause of action for conversion in Texas Conversion is the unauthorized and wrongful assumption and exercise of dominion and control over the personal property of another to the exclusion of, or inconsistent with, the owner's rights. Waisath v. Lack's Stores, Inc., 474 S.W.2d 444, 447 (Tex. 1971); Khorshid, Inc. v. Christian, 257 S.W.3d 748, 758-59 (Tex. App.-Dallas 2008, no pet.). Proving Conversion Claim To establish a claim for conversion, a plaintiff must prove that: (1) the plaintiff owned or had possession of the property or entitlement to possession; (2) the defendant unlawfully and without authorization assumed and exercised control over the property to the exclusion of, or inconsistent with, the plaintiff's rights as an owner; (3) the plaintiff demanded return of the property; and (4) the defendant refused to return the property. Khorshid, Inc., 257 S.W.3d at 759. SOURCE: 05-08-00654-CV (10/6/09) (Dallas CoA) Conversion Claims under Texas Law: Elements to Prove To establish a claim for conversion, a plaintiff must show: (1) title; (2) right to possession; and (3) a demand for the return of the property unless the possessor's acts manifest a clear repudiation of the plaintiff's rights. Buffet Partners, L.P. v. Sheffield Square, L.L.C., 256 S.W.3d 920, 924 (Tex. App.--Dallas 2008, no pet.); El Paso Production Co. v. Valence Operating Co., 112 S.W.3d 616, 625 (Tex. App.--Houston [1st Dist.] 2003, pet. denied). SOURCE: 04-08-00171-CV (7/8/09) (San Antonio Court of Appeals) Related causes of action: Texas Theft Liability Act claim (statutory civil theft claim)