Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1980 NO. 7 >

Although he or she would potentially be subject to criminal sanctions under the provisions of RCW 9.45.040, RCW 19.48.110 and chapter 9A.56 RCW, a customer who orders a meal in a restaurant, receives at least a portion thereof and then leaves without paying is not thereby subject to civil liability under RCW 4.24.230 even if it can be proved that he or she intended to obtain such meal without paying the purchase price therefore.

AGO 1979 NO. 11 >

(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.