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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 6422
Experience:  20 years experience as a civil trial and appellate lawyer
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I am working on a claim for conversion of money, going

Customer Question

I am working on a claim for conversion of money, going through discovery I have found that the claim is nearly 4x the identifiable sum and that the identifiable sum was withdrawn by the plaintiff the same day it was deposited which is where the funds can be last traced. no subsequent deposits for the same amount. I can no longer demurrer... Would a motion for summary judgement be a correct way to move forward with this evidence? Or is there a better motion for hopefully a quick resolution? More info: this claim for conversion was for an inheritance. We identified the sum by pulling the probate records (117k, claim is for 380k). The exact sum we identified can be found in an exact deposit with correct timing. the same day as the deposit, the plaintiff made a cash withdrawal for 100k leaving only 17k in the joint account.
Submitted: 11 months ago.
Category: Legal
Customer: replied 11 months ago.
The defendant did much of the parties accounting. The plaintiff alleges that he "told" defendant that the deposit was his separate property, not to be used. I went through 5000 pages of discovery and made a spreadsheet. After pulling the probate record I was able to easily locate the deposit and noticed the subsequent withdrawal the same day.
Expert:  Maverick replied 11 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 11 months ago.

Yes, it appears that you should be able to use the paper evidence as attachments to your motion for summary judgment on the issue of liability for conversion. It is either that or wait to prove up the elements of a conversion claim at trial. If you have filed a conversion claim, then in a summary judgment motion you would have to show that there is no issue of fact with respect to each of these elements.

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Customer: replied 11 months ago.
We are defending a conversion claim. We are currently in discovery, defendant answered. is the timing correct for summary judgement motion? Can you think of any way the plaintiff can create a triable issue as to his ownership of the funds? We would argue they aren't traceable because he wrote a check to himself for nearly the same amount on the same day the funds were deposited, he used that check to obtain a separate CD account in his name alone and when he closed the CD account and received a cashier's check in his name alone, no funds in that amount were re-deposited into the joint checking account?
Customer: replied 11 months ago.
I will commence writhing the motion however when you have time please let me know about the parts of your answer I am not clear on. I need to start now though I realize I only selected medium urgency.
Customer: replied 11 months ago.
Also if you're busy, just pass me off to someone else.. After realizing that you must've thought I filed a conversion claim, which I didn't, I now am not sure if the answer you gave me is valid. Please help me out or pass me off to another expert. thanks!
Customer: replied 11 months ago.
Relist: Inaccurate answer.
Please make sure it's a California attorney, other than that the Lawyer read my question wrong, he thought I was on the other side of the bench, and hasn't responded to followups asking for a correct answer.
Customer: replied 11 months ago.
All I need to know is what someones opinion is on how to best bring this evidence to light, what motion would be the most viable. Summary Judgment? -- non suit (I think bench trial only?) -- any other suggestion?
Customer: replied 11 months ago.
Just to reiterate, I am defending a claim for conversion.