Legal Question in Civil Litigation in California
Fake Fiancee..
After we were engaged I gave my Fiancee a car as a gift. I later learned that she had a boyfriend (before, during and after our engagemant), and broke things off. She does not dispute the deception.
She returned the ring and promised to return the car. Then said she would buy the car. She ultimately used the car as a trade-in on a new vehicle with her (now) husband and never paid me.
I intend to take her to small claims (car was worth approx. $7K), but I am concerned because technically I did GIVE her the car, including pink slip. Do I have a valid case??
Thanks for any help
2 Answers from Attorneys
Re: Fake Fiancee..
This can be a "tricky" area of the law, especially under the factual circumstances you describe. However, your best approach to justice here would be to substantially show that your ex obtained the "gift" under fraudulent circumstances/"false pretenses".
Re: Fake Fiancee..
It would be one thing if the relationship went south on its own. However, because she was your "fiancee," although she continued to see someone else, and the car was given in contemplation of marriage which would never happen, I think you could make a case for its reasonable value (if more than the $7k) plus interest.