Bonner

Background

Marshone Bonner kept all of his worldly goods in a trash bag. He stored the bag behind some bushes near city hall. When city workers tossed the bag into the trash, Bonner might have sued the city for conversion. (See Collin v. American Empire Ins. Co. (1994) 21 Cal.App.4th 787, 812 [ 26 Cal.Rptr.2d 391 ] [“The tort of conversion is an ‘act of dominion wrongfully exerted over another’s personal property in denial of or inconsistent with his rights therein.’ ”].) A city is, after all, not immune from conversion claims. (See Tallmadge v. County of Los Angeles (1987) 191 Cal.App.3d 251, 254 [ 236 Cal.Rptr. 338 ] [county could be held liable on conversion theory for destruction of confiscated firearms without prior notice]; Kane v. County of San Diego (1969) 2 Cal.App.3d 550, 552-553 [ 83 Cal.Rptr. 19 ] [county held liable on conversion theory for immediate destruction of 28 greyhound dogs taken to animal shelter because county should have waited 72 hours].)

In point of fact, Bonner did sue the city for conversion, but, for some reason, dismissed his conversion claim prior to trial. Instead, he sought damages based strictly on the violation of two state…