Demurrer to Complaint
1. First Cause of Action - Conversion. The elements of a conversion claim are: (i) Plaintiff's ownership or right to possession of the property; (ii) Defendant's conversion by a wrongful act or disposition of property rights; and (iii) Damages. Burlesci v. Petersen (1998) 68 Cal.App.4th 1062, 1066.
(i) Plaintiff's ownership or right to possession of the property. This element is not adequately pled in ¶ 7 of the Complaint, wherein it is alleged that Plaintiff owned the Forums.
The interesting question is whether something as intangible as a website forum can form the basis of a claim for the tort of conversion. The tort of conversion was traditionally limited to tangible items of personal property. 5 Witkin, Summary of Calif. Law, Torts, § 701 (10th Ed. 2008). Over time, the tort has been broadened to include intangibles which are represented by a tangible thing, such as shares of stock in a business entity represented by a certificate, promissory notes, bills of
Hearing Date
November 01, 2016
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Demurrer to Complaint
1. First Cause of Action - Conversion. The elements of a conversion claim are: (i) Plaintiff's ownership or right to possession of the property; (ii) Defendant's conversion by a wrongful act or disposition of property rights; and (iii) Damages. Burlesci v. Petersen (1998) 68 Cal.App.4th 1062, 1066.
(i) Plaintiff's ownership or right to possession of the property. This element is not adequately pled in ¶ 7 of the Complaint, wherein it is alleged that Plaintiff owned the Forums.
The interesting question is whether something as intangible as a website forum can form the basis of a claim for the tort of conversion. The tort of conversion was traditionally limited to tangible items of personal property. 5 Witkin, Summary of Calif. Law, Torts, § 701 (10th Ed. 2008). Over time, the tort has been broadened to include intangibles which are represented by a tangible thing, such as shares of stock in a business entity represented by a certificate, promissory notes, bills of