Itin v. Ungar

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that recovery of treble damages under the civil theft statute requires a plaintiff to prove by a preponderance of the evidence “the elements” necessary “to establish a defendant’s liability for the crime” of theft
• distinguishing conversion from the crime of theft because conversion does not require that a wrongdoer act with the specific intent to permanently deprive the owner of his property.
• ‘“[O]pening the door’ . . . often occurs when one party introduces evidence that causes another party to introduce counterproof that would otherwise be inadmissible but for the first party’s introduction of the subject matter.”
• rightful owner of stolen property may recover treble damages, fees, and costs under section 18-4-405 “[o]nly upon proof of the criminal act of theft”
• rightful owner of stolen property may recover treble damages, fees, and costs under section 18-4-405\[o]nly upon proof of the criminal act of theft\
• “An offer of proof must sufficiently inform the court of the nature and substance of the proposed evidence both to enable the trial court to exercise its discretion under the rules of evidence and to provide a basis for appellate review.”

Source: CourtListener parenthetical corpus (CC0).