"The gist of [a trover] action is conversion." Bo Phillips Co., Inc. v. R.L. King Prop., LLC , 336 Ga. App. 705, 707 n.3, 783 S.E.2d 445 (2016) (quoting Powers v. Wren , 198 Ga. 316, 319, 31 S.E.2d 713 (1944) ). Conversion is "an unauthorized assumption and exercise of the right of ownership over personal property belonging to another, in hostility to his rights; an act of dominion over the personal property of another inconsistent with his rights; or an unauthorized appropriation."

517, 527-28, 826 S.E.2d 370, 378 (2019) (alterations in original) (quoting Bo Phillips Co. v. R.L. King Props., LLC, 336 Ga.App. 705, 707, 783 S.E.2d 445, 449 (2016)). “There can be a conversion of specific money as well as chattels.” Grant v. Newsome, 201 Ga.App. 710, 710, 411 S.E.2d 796, 798 (1991).

, “the complaining party must show (1) title to the property or the right of possession, (2) actual possession in the other party, (3) demand for return of the property, and (4) refusal by the other party to return the property.” Bo Phillips Co. v. R.L. King Props., LLC, 336 Ga.App. 705, 707, 783 S.E.2d 445, 449 (2016) (internal quotations and citation omitted). Here, Gordon alleges that he had the right to possess the 2019 Chevrolet Tahoe because he had “tendered payment in complete performance of his obligation on RISC 1” and that Wells Fargo created a second “fraudulent” “RISC 2.” Doc. 18-3 ¶ 26, 60.

To establish a conversion claim in cases where the defendant appears to have lawfully come into possession of the plaintiff's property, a plaintiff must prove: “(1) title to the property or the right of possession[;] (2) actual possession in the other party[;] (3) demand for return of the property[;] and (4) refusal by the other party to return the property.” Exec. Cars, LLC v. W. Funding II, Inc., 826 S.E.2d 370, 378 (Ga.Ct.App. 2019) (alterations in original) (quoting Bo Phillips Co. v. R.L. King Properties, 783 S.E.2d 445, 449 (Ga.Ct.App. 2016)). Victor National contends that Eagle 6 did not make any factual allegations to support its conversion claim.

See Bearoff v. Craton, 350 Ga.App. 826, 839-40 (2019).Bo Phillips Co. v. R.L. King Properties, LLC, 336 Ga.App. 705, 707 (2016). Counter-Plaintiffs fail to allege Scott ever had actual possession of the van keys or the personnel files.

"Conversion constitutes 'an unauthorized assumption and exercise of the right of ownership over personal property belonging to another, in hostility to his rights; an act of dominion over the personal property of another inconsistent with his rights; or an unauthorized appropriation.'" Bo Phillips Co. v. R.L. King Props., Inc., 783 S.E.2d 445, 448-49 (Ga. Ct. App. 2016) (quoting Maryland Cas. Ins. Co. v. Welchel, 356 S.E.2d 877, 880 (Ga. 1987)). For a conversion claim, Plaintiffs must demonstrate "(1) title to the property or the right of possession, (2) actual possession in the other party, (3) demand for return of the property, and (4) refusal by the other party to return the property."

Conversion under Georgia law requires "an unauthorized assumption and exercise of the right of ownership over personal property belonging to another, in hostility to his rights; an act of dominion over the personal property of another inconsistent with his rights; or an unauthorized appropriation." Bo Phillips Co., Inc. V. R.L. King Props., 336 Ga. App. 705, 707 (2016) (citing Maryland Cas. Ins. Co. v. Welchel, 257 Ga. 259, 261 (1987)). To establish a prima facie case for conversion, Plaintiffs must show: (1) title to the property or the right of possession, (2) actual possession in the other party, (3) demand for return of the property, and (4) refusal by the other party to return the property.

Bad faith encompasses all intentional torts. Bo Phillips Co. v. R.L. King Props., LLC, 783 S.E.2d 445, 452 (Ga. Ct. App. 2015). This sort of bad faith stars in the present case: Donaldson stole from Plaintiffs, lied to them, and then played hide-and-seek before and during litigation.

Additionally, in cases where it appears that a defendant has come into possession of a plaintiff’s property lawfully, a plaintiff may prove conversion of that property by showing: "(1) title to the property or the right of possession[;] (2) actual possession in the other party[;] (3) demand for return of the property[;] and (4) refusal by the other party to return the property." Bo Phillips Co. v. R. L. King Properties, LLC , 336 Ga. App. 705, 707 (1), 783 S.E.2d 445 (2016) (citation and punctuation omitted). See also Williams , 287 Ga. App. at 285 (1), 651 S.E.2d 194 (a party who has lawfully come into possession of another’s property converts that property when he refuses the owner’s demand for return of the same).