Coy

I. Introduction

The County of Los Angeles (County) appeals from a judgment, after a jury trial, in favor of plaintiff Thomas Lee Coy and from the trial court’s denial of the County’s new trial motion. The County also challenges the trial court’s denial of its pretrial motion for summary judgment. The County contends that plaintiff’s suit for claim and delivery as well as conversion of property taken by sheriff’s deputies pursuant to a search warrant was barred as a matter of law by the three-year statute of limitations contained in Code of Civil Procedure section 338, subdivision (c). Because we determine that the pretrial summary judgment motion should have been granted, we reverse the judgment which was entered after the ensuing trial in plaintiff’s favor and direct entry of summary judgment in favor of the County.

II. State of the Pleadings

The complaint contains causes of action for conversion, claim and delivery, malicious prosecution, as well as intentional and negligent infliction of severe emotional distress. The complaint alleges that sheriff’s deputies employed by the County seized “coins, diamonds, jewelry, antiques and other valuables” while serving a…