Switzer v. Wood

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Appellant prevailed against respondents on causes of action that included fraud, conversion of property, and treble damages under Penal Code section 496. At issue on appeal, was the section 496 causes of action. In this case, even though the jury returned a special verdict that found respondents violated section 496(a), the trial court declined to award treble damages to plaintiff under the statute. The Court of Appeal held that section 496 is clear and unambiguous, and its remedial provisions should be applied where, as here, a clear violation of section 496(a) has been found. Therefore, the court reversed in part and remanded for the trial court to enter a modified judgment that includes treble damages on the section 496 causes of action. The court also reversed the trial court's denial of plaintiff's motion for attorney fees premised on section 496(c) and remanded. The court affirmed in all other respects. View "Switzer v. Wood" on Justia Law