Legal Question in Business Law in California

The requirement to file and publish a fictitious business name arises ONLY when a business operates under a name considered "fictitious" by the law. If a business does all the things you mention, but calls itself by a true name, rather than a fictitious name, there is no fraud and no foul.

For example, Mr. John Doe can operate "Doe Shoe Repair" and Schnickelfritz Corporation can operate "Schnickelfritz Corp. Computer Works" because each is considered to be operating under its real name - even though the corporation is an artificial person, not a natural person.

Further, even where a business is required to file and publish its DBA, failure to do so is not, ipso facto, fraud. It is a violation of statute, and carries penalties. It may be part of an overall fraudulent scheme, but fraud is something different than mere failure to file..