Fraud
Have you been the victim of a fraud? Do you need the services of a competent attorney in Orange County as the result of a fraud being perpetrated on you. There may be civil remedies available for you. The lawyer in our Orange County office has experience with civil tort actions including fraud, breach of contact, and commericial tort litigation actions. If you have been injured or civilly wronged by someone and have sustained damages as a result you should consult with a knowledgeable attorney in order to make sure that your legal rights are protected properly. The lawyer in our Newport Beach office would be happy to assist you with your civil legal problem. If you require the services of an experienced attorney, please feel free to contact a lawyer in our Orange County office for a consultation regarding your legal issue.
The elements of fraud as established in Andrew Lazar v. The Superior Court of Los Angeles County, (1996) 12 Cal.4th 631, 638, and Small v. Fritz Companies, Inc., (2003) 30 Cal. 4th 167, which give rise to the tort action for deceit, are
(a) misrepresentation (false representation, concealment, or nondisclosure);
(b) knowledge of falsity (or ‘scienter’);
(c) intent to defraud, i.e., to induce reliance;
(d) justifiable reliance; and
(e) resulting damage.
In addition Plaintiff must plead with specificity each and every element of fraud to state a cause of action. General and conclusory allegations do not suffice.
The tort of negligent misrepresentation does not require scienter or intent to defraud. It encompasses the assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true, Cal. Civ. Code § 1710(2), and the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true, Cal. Civ. Code § 1572(2)
Compare Civil Fraud with Criminal Larceny by Trick
