Conversion (theft) is generally the cause of action/claim for which a party whose property has been stolen may file a civil lawsuit to recover the stolen property or its value. Theft is also prosecuted as a crime, but the object of a criminal prosecution is generally to punish the wrongdoer, rather than to seek recovery of the lost property.
In California, conversion is a civil cause of action that allows a person whose property has been wrongfully taken or retained to seek recovery of their property or its monetary value from the party responsible for the conversion. This is distinct from theft, which is a criminal offense prosecuted by the state. The primary goal of a criminal prosecution for theft is to punish the offender, rather than to compensate the victim. However, victims of theft in California may also have the right to seek restitution as part of the criminal process. Restitution is a court-ordered payment from the defendant to the victim to compensate for the loss. In a civil action for conversion, the plaintiff must prove that they owned or had the right to possess the property, the defendant wrongfully exercised control over the property, and the plaintiff suffered damages as a result. The remedies in a civil conversion case may include the return of the property or compensation for its value, along with any other damages caused by the wrongful possession.