Misrepresentation & Fraud
Cases involving misrepresentation or fraud generally go beyond a simple breach of a contract or fiduciary duty since punitive damages may be involved when someone is accused of misrepresenting facts in order to gain some advantage.
Punitive damages are meant not only to reimburse the plaintiff in such a case for any losses, but as punishment for those convicted.
What you need is a powerful advocate in the form of a Los Angeles litigation attorney from Oaktree Law who can ensure your rights whether you have been defrauded or if you have been charged with misleading another party. Oaktree Law is A+ rated with the Better Business Bureau and has helped countless clients decide on the best course of action in dealing with a civil or business litigation matter. We fight hard to defend our clients’ rights at all times.
What exactly is a fraud charge?
Fraud is a very broad charge to level against another party, but in general, it has to do with entering into a contract with someone else based on false information.
More precisely, fraud has to do with:
- Falsely representing something
- The party putting forward the false claim knew it to be false
- This false claim was material and relied upon by the other party
- Some form of harm or monetary loss resulted
Our Orange County civil litigation attorneys know just how difficult it can be to prove someone intended to defraud you. We look for supporting circumstantial evidence to establish that the party who defrauded you knew conclusively that they were putting forth a false claim.
On the other hand, Oaktree Law works to protect those who have been accused of falsely representing facts by seeking to disprove any intent to deceive on your part. Fraud charges are serious, and you need a serious law firm behind your to protect your best interests.
What is negligent misrepresentation? Are these criminal cases?
Negligent misrepresentation differs from fraud in that the party alleged to make a false claim did not do so with the intent to deceive, but rather was negligent in disseminating information or making representations which turned out to be false. The standard of proof is much lower for such charges due to the absence of subjective intent. The charge requires only demonstrating that what was alleged or represented was false and the party at fault should have known better.
The state of California will ultimately decide if the fraud case at hand is egregious enough to be charged as a felony. Serious cases of fraud such as theft, embezzlement, forgery, insurance fraud, securities fraud, social security fraud, and others are considered large-scale enough to warrant criminal charges. No matter which side of a fraud charge you are on, you need to speak with a dependable Orange County business litigation attorney from Oaktree Law to work on your behalf.
Take action right away—call an Orange County litigation lawyer!
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