Legal Question in Business Law in California

Re: Partnership Fraud

Ordinarily there is no need to cite statutes or code sections in a complaint. California requires only that the complaint allege facts sufficient to establish each element of a cause of action. In some specific instances it may be prudent or even necessary to cite a particular statute or code section, but these cases are unusual and your question doesn't contain any details to suggest that such pleading is needed here.

The elements of fraud are: (1) Representation; (2) falsity; (3) knowledge of falsity; (4) intent to deceive; (5) reliance [which must be both actual and reasonable]; and (6) resulting damage [causation]. As I said, you must allege facts sufficient to support each of these elements.

As to the second part of your question: yes, punitive damages are available for fraud in California. You must include in the complaint an allegation that the defendant's actions were outrageous, reprehensible and despicable, and thus support the assessment of punitive and exemplary damages. You must also include a request for punitive damages in the prayer for relief.

You say you have no funds for an attorney, but you may be able to find a lawyer willing to take the case on a contingency basis. Your chances will be better if your damages are significant and if the defendant is able to pay.

Good luck!

Re: Partnership Fraud

You can also buy a form complaint for fraud from the court clerk for a few cents.

Re: Partnership Fraud

If you are looking for an attorney willing to take your case on a contigency basis I would be happy to speak with you regarding your case. I specialize in business and contract law and have been practicing for over 10 years. I offer free consultations and after speaking with you I would be able to tell you what kind of punitive damages you are looking at. Please feel free to contact me at (805) 546-9918 or you can email me at [email protected]. My main practice is in San Luis Obispo, but I practice throughout the state with satellite offices in Fresno and the Bay Area.I look forward to hearing from you. If you decide to go it alone please let me know how it turns out.