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

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

December 30, 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 Concealment: A cause of action of Fraud by Concealment arises when:

A defrauding party had a fiduciary relationship with a fraud victim, which imposed a duty to disclose facts, but the defrauding party did not disclose such facts. Such fiduciary relationships are imposed by law upon business partners, trustees, licensed professionals and others.  In these situations the defrauding party accused of concealment either: (a) intentionally failed to disclose certain facts; OR (b) disclosed some facts but failed to disclose other facts, making the disclosure deceptive; OR (c) intentionally failed to disclose certain facts that were known only to the concealing defrauding party, and that the fraud victim could not have discovered; OR (d) the defrauding party prevented the fraud victim from discovering certain facts

In failing to disclose certain facts, the defrauding party intended to deceive the other party by concealment.  The fraud victim unaware of the concealed facts, and had they been aware, they reasonably would have behaved differently, suffered harm and the concealment was a substantial factor in causing such harm.

A link to our article discussing FRAUDULENT CONCEALMENT OR CONCEALMENT FRAUD is embedded herein: http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-fraudulent-concealment-or-concealment-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:

• FRAUD – What Constitutes Fraud In California? What Does A Cause Of Action For Fraud By Intentional Misrepresentation In California Mean? http://dianalegal.com/fraud-what-constitutes-fraud-in-california-what-does-a-cause-of-action-for-fraud-by-intentional-misrepresentation-in-california-mean/
• FRAUD – WHAT CONSTITUTES FRAUD IN CALIFORNIA? WHAT DOES A CAUSE OF ACTION FOR FRAUD BY FALSE PROMISE IN CALIFORNIA MEAN?: http://dianalegal.com/FRAUD-WHAT-CONSTITUTES-FRAUD-IN-CALIFORNIA-WHAT-DOES-A-CAUSE-OF-ACTION-FOR-FRAUD-BY-FALSE-PROMISE-IN-CALIFORNIA-MEAN/
• FRAUD VIA FALSE PROMISE OR PROMISSORY FRAUD: http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-fraud-via-false-promise-or-promissory-fraud/
• INTENTIONAL FRAUD AND DECEIT is embedded herein: http://dianalegal.com/fraud-legal-liability-for-fraud-civil-tort-for-intentional-fraud-and-deceit/
• 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 – Punitive Damages Vs. Compensatory Damages:http://dianalegal.com/fraud-i-damages-i-civil-litigation-punitive-damages-vs-compensatory-damages/
• FRAUD I DAMAGES I CIVIL LITIGATION – What Are Punitive Damages?http://dianalegal.com/fraud-i-damages-i-civil-litigation-what-are-punitive-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.