3116. "Fraud" Explained

"Fraud" means an intentional misrepresentation, deceit, or concealment of a material fact with the intention of depriving [name of plaintiff] of property or of a legal right or otherwise to cause [name of plaintiff] injury.

Sources and Authority

Civil Code section 3294(c)(3) provides: " 'Fraud' means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury."

Secondary Sources

17 California Forms of Pleading and Practice, Ch. 215, Duress, Menace, Fraud, Undue Influence, and Mistake, § 215.70 (Matthew Bender)

(New September 2003)