Can a plaintiff bring a claim for emotional distress arising out of conversion of personal property?

California, United States of America


The following excerpt is from Gonzales v. Personal Storage, Inc., 56 Cal.App.4th 464, 65 Cal.Rptr.2d 473 (Cal. App. 1997):

Although we have not been able to locate any California authority other than Schroeder which deals directly with a claim for emotional distress growing out of the conversion of personal property, we note the Restatement of Torts Second section 927, comment m, states that where property has been converted: "If the deprivation is the legal cause of harm to the feelings, damages may be allowable for the harm, as when the defendant intentionally deprives the plaintiff of essential household furniture, which humiliates the plaintiff, a result that the defendant should have realized would follow." (See also Fredeen v. Stride (1974) 269 Or. 369, 525 P.2d 166, 168 [veterinarian's conversion of plaintiff's dog supports emotional distress damages].)

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