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330 N D St, Ste 508, San Bernardino, CA 92401

Fraud or intentional misrepresentation in California civil cases occurs when one party deliberately deceives another to secure a benefit, typically by making false statements or omitting critical information with the intent to mislead. To prove fraud, the plaintiff must show that the defendant made a false representation of a material fact, knowing it was false or being reckless about its truth, with the intent to deceive the plaintiff. Additionally, the plaintiff must demonstrate that they reasonably relied on this false representation and suffered harm as a result, such as financial loss. Fraud can involve not just direct lies but also actions or omissions that mislead the other party into a mistaken belief.

California law requires the plaintiff to prove each element of fraud by clear and convincing evidence, which is a higher standard than the usual “preponderance of the evidence” standard in civil cases. Remedies for fraud may include compensatory damages to compensate for the harm caused by the deception, and in some cases, punitive damages may be awarded to punish the fraudulent conduct and deter others from similar actions. Fraud claims are often complex because they require proving intent and reliance, and defendants frequently attempt to raise defenses like lack of knowledge or the plaintiff’s own negligence in relying on the false information.

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Post Author: lawofficesofjamesrdickinson