Fraud is an intentional wrongdoing committed by one person to another that causes an injury. According to California Code of Civil Procedure Section 338(d), a plaintiff has three years from the discovery of the wrongdoing to file a lawsuit for fraud in San Diego Superior Courts.
In trial the plaintiff must prove all seven elements to support their claim that the defendant committed fraud.
1. The defendant represented to the plaintiff that an important fact was true
2. The defendant’s representation was false
3. The defendant knew representation false when they made it or that it was committed thoughtlessly and without regard for true facts
4. The defendant intended plaintiff to depend on that representation
5. Plaintiff sensibly relied on the representation
6. Plaintiff was injured
7. Plaintiff’s dependence on the defendant’s representation was a significant element in the causation of the injury
In San Diego Superior Courts, the disputed representation of fact(s) can be done in an oral form, written form or a nonverbal contract. Opinions of someone are not a cause for a lawsuit in California because they are a personal belief or judgment of that person. An opinion is a statement without an expertise in the facts of the statement expressed. A friend telling you that “this is the best small SUV on the market” is an example of an opinion.
As a skilled San Diego Civil Litigation Lawyer, Attorney Peter S. Cameron will successfully defend you in an allegation of fraud in San Diego Superior Court. For a free consultation on your case, please contact our office through the secure mail form to the right or by telephone at 877-603-8473.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.