“Trespass to personal property (or “trespass to chattels”) provides recovery for interferences not severe enough to be conversion. Hence, the tort has been called ‘little brother to conversion.’ An action for trespass to personal property lies where defendant has intentionally interfered with plaintiff’s right to or use of personal property, resulting in injury to the property or to plaintiff’s rights in the property. Plaintiff’s remedy is actual damages for the harm to the property or for its loss of use. The elements of a claim for trespass to personal property are: (1) plaintiff owned, possessed, or had a right to property, (2) defendant’s intentional interference with plaintiff’s use or possession, (3) no consent by plaintiff, (4) harm, and (5) causation.”
“The statute of limitations for trespass to personal property is three years. In general, the cause of action accrues on the date of the act constituting the trespass. [Shorter limitation periods may apply to certain types of property.]”
“Plaintiff is entitled to compensation for all actual damages attributable to the property’s impairment or lost use. Punitive damages are awardable where defendant is guilty of oppression, fraud or malice, proven by clear and convincing evidence.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
