FRAUD – What Constitutes Fraud in California? What does a Cause of Action for Fraud by False Promise in California Mean?

FRAUD – What Constitutes Fraud in California? What does a Cause of Action for Fraud by False Promise in California Mean?

December 19, 2019

A common question we get is “[w]hat is Fraud in California” and “[w]hat constitutes Fraud in California”.  Fraud occurs in a wide range of settings, such as business transactions, contract inducement, property purchases and other similar   transactions.  A cause of action for fraud arises when a party misrepresents material facts, makes false promises, or otherwise deceives another party with the intention of depriving them of their money, property, and/or rights.

Fraud by False Promise: A cause of action of Fraud by False Promise arises:

When a defrauding party makes a promise that they do not intend to perform at the time they make the promise. The defrauding party made the promise with the intention that the fraud victim would rely on the promise.  The fraud victim did, in fact, reasonably rely on the promise. The defrauding party making the promise does not fulfill that promise. The fraud victim suffered harm and the false statement was a substantial factor in causing such harm.

California Civil Code Section 1710: encapsulates legal liability for fraud via false promise or promissory fraud as follows: “A deceit, within the meaning of the last section, is either: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true; 3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or, 4. A promise, made without any intention of performing it.”

A link to our article discussing FRAUD VIA FALSE PROMISE OR PROMISSORY FRAUD is embedded herein: http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-fraud-via-false-promise-or-promissory-fraud/

Causes of Action for Fraud in California: For other articles discussing the various causes of action for Fraud in California, links are included below:

• INTENTIONAL FRAUD AND DECEIT: http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-intentional-fraud-and-deceit/
• FRAUDULENT CONCEALMENT OR CONCEALMENT FRAUD: http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-fraudulent-concealment-or-concealment-fraud/
• CONVERSION OR BREACH OF FIDUCIARY DUTY http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-conversion-or-breach-of-fiduciary-duty/
• CONSTRUCTIVE FRAUD OR NEGLIGENT MISREPRESENTATION http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-constructive-fraud-or-negligent-misrepresentation/

For Fraud Verdicts in California: Our articles discussing Fraud verdicts in California are included below:

• BREACH OF CONTRACT I FRAUD I VERDICT – Homeowner Recovers $1.63 Million In Damages Against Mortgage Fraud Broker In Fraud, Negligent Misrepresentation, Breach Of Fiduciary Duty Action: http://dianalegal.com/breach-of-contract-i-fraud-i-verdict-homeowner-recovers-1-63-million-in-damages-against-mortgage-fraud-broker-in-fraud-negligent-misrepresentation-breach-of-fiduciary-duty-action/
• BREACH OF CONTRACT I BUSINESS LAW – FRAUD DAMAGES IN BREACH OF CONTRACT – COMPANY FAILS TO PAY FORMER PRESIDENT’S SHARES, PRESIDENT SECURES VERDICT FOR $553,000: http://dianalegal.com/breach-of-contract-i-business-law-fraud-damages-in-breach-of-contract-company-fails-to-pay-former-presidents-shares-president-secures-verdict-for-553000/

Fraud Damages: Our articles discussing Fraud damages in California are included below:

• FRAUD I DAMAGES I CIVIL LITIGATION – What Are Punitive Damages?http://dianalegal.com/fraud-i-damages-i-civil-litigation-what-are-punitive-damages/
• FRAUD I DAMAGES I CIVIL LITIGATION – Punitive Damages Vs. Compensatory Damages:http://dianalegal.com/fraud-i-damages-i-civil-litigation-punitive-damages-vs-compensatory-damages/

Recovery from the Victims Of Corporate Fraud Compensation Fund of California: For articles discussing damages:

• BUSINESS FRAUD I CORPORATE FRAUD – Payment From The Victims Of Corporate Fraud – VCFCF: Victims Of Corporate Fraud Compensation Fund: http://dianalegal.com/business-fraud-i-corporate-fraud-payment-from-the-victims-of-corporate-fraud-vcfcf-victims-of-corporate-fraud-compensation-fund/
• BUSINESS FRAUD I CORPORATE FRAUD I DAMAGES – Compensation For “Aggrieved Person” Who Has Obtained A “Final Judgment” Against A Corporation Based Upon The Corporation’s Fraud, Misrepresentation Or Deceit – VCFCF: Victims Of Corporate Fraud Compensation Fund: http://dianalegal.com/business-fraud-i-corporate-fraud-i-damages-compensation-for-aggrieved-person-who-has-obtained-a-final-judgment-against-a-corporation-based-upon-the-corpor/

If you have fallen victim to fraud or have questions about legal liability as it relates to constructive fraud, negligent misrepresentation, concealment fraud, fraudulently concealment, Intentional Fraud and Deceit, Promissory Fraud, False Promise, Conversion or breach of fiduciary we encourage you to contact our offices at 619-432-5145 for a free consultation with one of our civil fraud attorneys and fraud lawyers.