Contract disputes are commonly based upon allegations of fraud and misrepresentation. At Poole Shaffery , the Santa Clarita business litigation attorney can offer professional legal service to represent business owners as a defendant or plaintiff in civil claims involving fraud and misrepresentation. Such claims are commonly related to a purchase or sale, or the providing of various services from a broker, contractor, vendor or other entity. A lawsuit claiming fraud and misrepresentation can result in heavy financial losses to a business, even when the claim is not founded in fact. Immediate, effective legal action should be initiated. Contact a Santa Clarita business lawyer at the firm for information about filing a legal action against another party(ies) or if your business is facing a legal threat, to take action to defend against any such allegations.
There are often opportunities to resolve these issues without the need for litigation, and all possible alternatives will be explored, with the goal of an expedient, positive resolution for the client. Claims under California Civil Code §3294, "if it is proven by clear and convincing evidence that the defendant has been guilty of fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant." This creates a significant financial threat to those businesses that are accused of any such act, as the damages that are imposed have could have this added punitive award to the plaintiff, and an outcome of heavy financial losses.
Fraudulent activities, under state civil law, are those activities which involve intentional misrepresentation, deceit or concealment of a material fact. Proving the intention can be at the heart of such a case, as there are various other contributing factors that may have been present, unrelated to an intention by one party to deceive. As in any legal dispute, these matters must be proven to the court. The burden of producing evidence is established in civil court as an obligation to produce evidence that is sufficient to avoid a ruling against a defendant. Many decisions are based upon the fact that it is determined that one party in the dispute had no reasonable grounds for believing certain facts to be true, and the court then decides that this is a form of negligent misrepresentation, and awards damages.
The firm has top level case management skills, including case development, presentation and the establishment of a compelling case to protect the client. The case could include a range of evidence from computer files, expert witnesses, other witnesses, financial records and other data that is organized and brought to the attention of the court in a professional manner. Case development is the most critical issue in any civil matter. The firm takes on difficult cases of fraud and misrepresentation, and is focused on protecting the business interests of the client in all actions.
If your business has become involved in a legal matter of fraud & misrepresentation, the first action is a full analysis of every detail of the situation. The firm offers a free initial consultation in business litigation, and you are urged to get in touch to schedule this confidential consultation. Once the case is taken on, the strategy includes a 3 person team to focus on the case, a senior attorney, junior attorney and paralegal, all of whom are committed to seeking out the most effective resolution, whether in court or through alternative dispute resolution in arbitration or mediation.
Contact the firm today. Our Los Angeles, Paso Robles, business lawyers protect companies in LA County, Orange County, and throughout California.