California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 1 — Relief, Title 2 — Compensatory Relief, Chapter 2 — Measure of Damages, Article 2 — Damages for Wrongs, Section 3338

One having a mere lien on personal property, cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensation allowed by Section 3336 for loss of time and expenses.

Notes

Limits conversion damages for a person holding only a lien on personal property, when the converter has a superior right after discharge of the lien, to the amount secured by the lien plus the compensation for lost time and expenses allowed under the referenced conversion-damages provision. The lienholder cannot recover beyond those amounts.

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