Switzer

*116 *119 Appellant Ted Switzer (Switzer or appellant) prevailed at trial against cross-defendants Robert Clark "Sonny" Wood II and Access Medical, LLC (Wood and Access Medical or respondents) on causes of action that included fraud, conversion of property and treble damages under Penal Code 1 section 496. The present appeal focuses on the section 496 causes of action. Although section 496 defines a criminal offense, it also provides an enhanced civil remedy in the event there has been a violation of the statute-that is, where a person has knowingly received, withheld or sold property that has been stolen or that has been obtained in any manner constituting theft. ( § 496, subd. (a) ( § 496(a) ).) The enhanced civil remedy authorized by the statute is that any party injured by the violation of section 496 may file an action for " three times the amount of actual damages " sustained, and for costs of suit and reasonable attorney fees. ( § 496, subd. (c) ( § 496(c) ), italics added.) Here, even though the jury returned a special verdict that found Wood and Access Medical violated section 496(a), the trial court declined to award treble damages to Switzer under the statute. The trial…