2102. Presumed Measure of Damages for Conversion (Civ. Code, � 3336) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 If you decide that [name of plaintiff] has proved [his/her/its] claim against [name of defendant], you also must decide how much money will reasonably compensate [name of plaintiff] for the harm. This compensation is called "damages." [Name of plaintiff] must prove the amount of [his/her/its] damages. However, [name of plaintiff] does not have to prove the exact amount of damages that will provide reasonable compensation for the harm. You must not speculate or guess in awarding damages. The following are the specific items of damages claimed by [name of plaintiff]: 1. [The fair market value of the [insert item of personal property] at the time [name of defendant] wrongfully exercised control over it;] [or] [Special damages resulting from [name of defendant]'s conduct;] [and] 2. Reasonable compensation for the time and money spent by [name of plaintiff] in attempting to recover the [insert item of personal property]; [and] [Emotional distress suffered by [name of plaintiff] as a result of [name of defendant]'s conduct.] 3. [In order to recover special damages, [name of plaintiff] must prove: 1. That [describe special circumstances that require a measure of damages 2102. Presumed Measure of Damages for Conversion (Civ. Code, � 3336) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 other than value]; 2. 3. That it was reasonably foreseeable that special injury or harm would result from the conversion; and That reasonable care on [name of plaintiff]'s part would not have prevented the loss.] ["Fair market value" is the highest price that a willing buyer would have paid to a willing seller, assuming: 1. 2. That there is no pressure on either one to buy or sell; and That the buyer and seller know all the uses and purposes for which the [insert item] is reasonably capable of being used.] ________________________________________________________________________________ New September 2003