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  • pre-possessory right accounts for 2 out of 812 casebriefs.

Style of causeRatio

Popov v Hayashi, 2002 WL 31833731, (Cal Superior Ct)

There are three criteria of possession:
** 1 -the object must be lost or abandoned
** 2 -intention to control to the exclusion of others
** 3 -actual physical control
*** If #2 and #3 are met, but actual physical control is prevented by an illegal act, courts may find a pre-possessory right based on equity.
*** physical control may also vary by context, the community of practice, and the object itself.