Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1979 NO. 11 > May 15 1979

(1) If gasoline in the pumps is offered and marked for sale by a business, the wrongful act of converting this product is covered by RCW 4.24.230 as a wrongful taking of goods, wares or merchandise displayed or offered for sale.  (2) A cause of action for wrongful conversion may be brought under RCW 4.24.230 even though no "actual damages" are alleged.  (3) Where the amount claimed consists in part or in whole of penalties authorized under RCW 4.24.230 but the claim in its entirety does not exceed $300, a special action for wrongful conversion may be brought in the small claims department of a justice court operating under chapters 3.30 through 3.74 RCW.