Fraud claims can exist in many forms. They can arise from both intentional and negligent misrepresentations. They can arise from affirmative representations that are false or omission of representations. The representations have to be of a material fact, without which you would not have taken actions that resulted in detriment to you. Moreover, your reliance on the misrepresentation has to be justifiable. Last, you have to establish that you suffered injury for which you need to be compensated.
Unlike other claims, California has heightened specificity requirements when it comes to alleging a claim for fraud. Fraud allegations are serious and California wants to ensure that the person summoned to court under allegations of fraud has enough information to defend him or herself. A claim for fraud not containing these specific allegations for fraud may not be allowed to move forward in court.
Therefore, it’s pertinent that if you think that you were a victim of fraud, you should
- Keep track of dates and manner in which representations were made to you;
- Gather any and all documents that can establish the fraudulent activities; and
- Make a list of all witnesses who can attest to either the misrepresentations or fraudulent activities.
While this is not an exhaustive list of all steps you need to take with regards to a fraud claim, you can contact The Law Office of George Moschopoulos, APC for more information. We can discuss your claims with you and if retained as counsel, we will fight for your rights.