Legal Question in Civil Litigation in California

Fraud in Court, Statute of Limitations?

We have proof of fraud that resulted in our losing a California SMALL CLAIMS Appellate case. We recognize that Small Claims appealed verdicts are final. But can we go after the fraud? What court? Is there a statute of limitations?


Asked on 2/10/09, 3:08 pm

1 Answer from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Fraud in Court, Statute of Limitations?

The Statute of Limitations for fraud is 3 years. Cal. Civ. Code of Civ. Pro. Section 338(d). Is the fraud related to the underlying issue that was resolved by the Court or is it separately related? You may have the option to file a separate action in Superior Court for the County the fraud occurred in. Feel free to contact me to discuss.

Yours truly,

Bryan

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Answered on 2/10/09, 5:54 pm


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