what is fraud & how do i sue?
DESCRIPTION
Are you the victim of business fraud? Are you being sued? This area of the law is complex and has far reaching ramifications, including possible punitive damages. The fraud and business Lawyers of Brown & Charbonneau, LLP explain this area of California law. http://bc-llp.com/fraud-misrepresentation-concealment/ For more information, call (714) 505-3000 or toll free at (866) 237-8129. Or, email us at preno@bc-llp. Also, visit us on Google Plus: https://plus.google.com/+BrownCharbonneauLLPIrvine/aboutTRANSCRIPT
What is
FRAUD And how/who
do I SUE?
What is FRAUD? When someone makes a material statement to you (or conceals), that they know is false, and with the intent to cause you to act, they have committed fraud if it causes you harm or damage
Example of Fraud “This car has never been
in an accident”
If the car has been in an accident, and you rely on the statement, ultimately paying more than you should for the
car, that is fraud!
Elements ü Statement of material fact ü With knowledge of falsity ü Intending to deceive ü Deceit induces reliance ü Causing harm
There are variations of fraud -Deceit, misrepresentation, concealment, promise without intent to perform -Also, negligent misrepresentation (not intentional act)
Fraud is an intentional act *Defendant must have had the intent to deceive
Factors to Consider
BEFORE Filing Suit
• Carefully consider your options first
• Lawsuits can be time consuming & expensive
• Consider a demand letter to try to resolve
• Compromising may avoid some risk/costs
• Consider Alternative Dispute Resolution-ADR
(Arbitration or Mediation)
• Speak with attorney to weigh the alternatives
Where to File and Who to Sue?
• Who do I sue? -Person -Business -Organization
• Where do I sue? -State Superior Court -Federal Court -What county – Orange, LA, San Diego
FILING A LAWSUIT • What papers do I file?
-Civil Case Cover Sheet -Summons: Tells defendant they are being sued -Complaint: Sets forth facts and legal claims
• What fees may apply? -Filing fees are required (approx. $800) -Low income individuals may qualify for waiver -Service of lawsuit fees may apply
• Service of Process -You must serve the other side with a copy -The other side will have thirty (30) days to respond
CALL US TODAY! www.bc-llp.com 888.809.1235
Paula Reno at [email protected] Gina Michel at [email protected]
GREGORY G. BROWN ü AV Rated
ü Super Lawyers (top 5%)
ü AVVO Superb Rated ü Cert’d Trial Specialist ü Top 100 Trial Lawyers ü ABOTA Member ü Attorney of the Year ü Lead Counsel Rated