Legal Question in Civil Litigation in California

What if a judge writes in his decision fraud, but no fraud charges brought?


Asked on 5/07/11, 8:14 am

4 Answers from Attorneys

There is nowhere near enough information here to provide any answer.

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Answered on 5/07/11, 9:24 am
Robert F. Cohen Law Office of Robert F. Cohen

If the plaintiff alleged fraud, then the judgment should contain a decision regarding the fraud claim -- yes or no. If there was no allegation of fraud, then the court should not be deciding that issue. You might take a look at the complaint and see what it claims. If the decision was within the very recent past and it included fraud when it should not, you might bring a motion for reconsideration or for new trial, especially since the judgment might be incorrect. If the judge refuses, then you have a very short time frame in which to file a notice of appeal.

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Answered on 5/07/11, 12:26 pm
Anthony Roach Law Office of Anthony A. Roach

Some context from the decision would help us provide you with a more specific answer.

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Answered on 5/07/11, 1:49 pm

The finding of fraud in civil suit does not necessarily mean criminal charges will be filed. (If that is what you were getting at.)

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Answered on 5/09/11, 9:17 am


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