28.4.2 Standing to Bring Suit.

• Jurisdiction: Arizona

28.4.2 Standing to Bring Suit. As discussed throughout, trespass to chattels concerns a defendant’s interference with another’s possessory interest. Therefore, a plaintiff with a possessory interest in the chattel may bring suit. “Possession” means “physical control of the chattel with the intent to exercise such control on his own behalf, or on behalf of another.”¹⁶ However, one need not have direct physical control of the chattel to bring suit. The Restatement recognizes, and several courts have held, that one who “may by demand become entitled to immediate possession of the chattel” may maintain a trespass cause of...