Delmore v. Gonzales

I concur in the result with respect to that portion of the main opinion concluding that the trial court erred in excluding the testimony of Gomez and Delmore as to the value of their mother’s personal property. I respectfully dissent, however, as to that portion of the main opinion affirming the trial court’s exclusion from Delmore’s and Gomez’s conversion claims of the $17,000 in currency found in their mother’s bedroom.

It is true that, generally, an action will not lie for the conversion of money. As the main opinion notes, however, “ ‘if the money at issue is capable of identification,…