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Focus (Forum & Focus)

Dec. 2, 2008

No Trespassing?

Under California law, the tort of trespass to chattels encompasses “intermeddling with or use of or damages to” personal property that does not amount to an interference with the possessory right sufficient to constitute a conversion, write Gary L. Urwin and Jennifer L. Wagman.

FOCUS COLUMN

By Gary L. Urwin and Jennifer L. Wagman

Beginning in the late 1990s, case law began to see a re-emergence of an old and largely dormant tort theory, trespass to chattels, being applied to the act of wrongfully accessing computer systems. Under California law, the tort of trespass to chattels encompasses "intermeddling with or use of or damages to" personal property that does not amount to an interference with the possessory right suf...

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