3. Learn to educate your support system. Although it is a difficult time to have to do it, telling your caregivers what you need and when you need it, can result in great dividends.AP Interview: UN Women chief: Sex abuse cases tip of iceberg Source: AP Davis turns ankle, but Pelicans roll to 10th straight win Source: AP Jury selection continues in Pulse nightclub trial Source: Cox Media Group S. Korea leader sees more obstacles ahead to disarm N. EST Source: AP Rockets extend winning streak to 17, beat Bucks 110 99 Source: APwere really trying to put on a lot of ball pressure and get them off their game a little bit, Opsal said. think we did that really well and we had great help defense, so if someone got beat, there was another defender right there to step in. Amber Darge had 16 points to lead Regis, while junior Morgan Rohrscheib hit three 3s and had 12 points in one of her best games of the season. Karlstad fought through the foul trouble and finished with 12 points including eight in the second half.
mulberry store locations A Fraud Lawsuit Under California Law
The various ways a victim can be defrauded are as limitless as the bounds of human ingenuity. But under California law, wrongful actions are generally characterized as civil “fraud” only under one of the following legal theories:
1. Intentional Misrepresentation. Probably the most common type of fraud is a false statement. But not every false statement is fraudulent. The elements of a claim for intentional misrepresentation are:
a. An intentionally or recklessly false statement of fact. Not every false statement is a false statement of “fact.” Statements of opinion generally are not actionable. Sales talk, or “puffing” (“This is the best location in the county!”), is generally not actionable. However, if the defendant claims to be an expert or there are other reasons to expect that the victim would rely upon the defendant’s opinion as a statement of “fact,” an opinion may be treated by the court as a statement of fact. Also, a statement need not be made directly to the victim. For instance, if the defendant made the false statement to a third person with the expectation that the statement would be repeated to the victim, the victim may have a valid claim for fraudulent misrepresentation.
b. Intention to defraud.
c. Reasonable reliance upon the false statement. The false statement need not be the only reason the victim changed his or her position, but it must be at least part of the reason. Also, the victim’s reliance on the false statement must be reasonable. If the victim knew or should have known the statement was false, the victim did not reasonably rely. Even an unsophisticated victim, however, “may not put faith in representations which are preposterous, or which are shown by facts within his observation to be so patently and obviously false that he must have closed his eyes to avoid discovery of the truth.” Seeger v. Odell (1941) 18 Cal. 2d 409.
d. Resulting in damages. There must be measurable damages that were caused by the fraud.
2. Negligent Misrepresentation. A claim for negligent misrepresentation is generally the same as a claim for intentional misrepresentation, except the victim must only prove the defendant did not have “a reasonable basis” to believe its statement of fact was true (as opposed to proving the defendant knew its statement was false). If the defendant’s false statement was both honestly made and based upon reasonable grounds, however, there is no claim. Punitive damages are not available for negligent misrepresentations.
3. Concealment. A claim for fraud may also arise if the defendant concealed or failed to disclose a material fact during a transaction, causing damage to the victim. The elements of a claim for fraudulent concealment are:
a. The defendant failed to disclose or concealed a material fact with an intent to defraud the victim.
b. The defendant had a duty to disclose. There is not always a duty to disclose facts during a transaction. If there is a duty, it generally arises in one of four different circumstances: (i) The defendant is in a “fiduciary relationship” (such as being a partner) with the victim; or (ii) The defendant took steps to hide important information from the victim (as opposed to simply failing to tell the victim); or (iii) The defendant disclosed some information to the victim,
but the disclosed information is misleading unless more information is given; or (iv) The defendant is aware of key information and knows the victim is unlikely to discover that information. In addition, California laws may create a duty to disclose in certain transactions. For example, sellers of residential property in California generally are required to make written disclosures about the condition of the house.
c. The victim must have been unaware of the fact and would not have acted as he or she did if he or she knew of the fact.
d. The victim sustained damages as a result of the concealment.
4. False Promise. A claim of fraud may arise if a defendant entered into a contract and made promises that it never intended to perform. The elements of a false promise claim are:
a. The defendant made a promise.
b. The promise was important to the transaction.
c. At the time he or she made the promise, the defendant did not intend to perform it.
d. The defendant intended the victim to rely upon the promise.
e. The victim reasonably relied upon the promise.
f. The defendant did not perform the promise.
g. The victim was harmed as a result of defendant not carrying out his or her promise.
h. The victim’s reliance on the defendant’s promise was a substantial factor in causing the victim’s harm.
It is important to understand that a broken promise, alone, is not a sufficient basis for a fraud claim. More than a mere broken promise is required. The victim must also prove that the defendant did not intend to perform the promise at the time the promise was made. In practice, it is usually difficult to tell the difference between a broken promise and a promise made without an intention to perform. Courts generally look for circumstantial evidence to support a false promise claim (as opposed to a broken promise claim), such as the defendant broke its promise immediately after making it.
Characterization of a claim as fraud has many advantages to a victim; primarily, the victim may be able to recover punitive damages in addition to actual damages. Also, the measure of damages is generally more liberal under fraud and other “tort” theories, allowing victims a more complete recovery. But even if a wrongful action does not fall under the definition of “fraud,” it still may lead to a valid legal claim. For instance, a broken promise while not necessarily fraudulently may still constitute a valid breach of contract claim. While punitive damages and emotional distress damages are generally not available for breach of contract in California, the victim still should be able to recover his or her monetary damages.
A. Move back home. I definitely want to be back home in Fort Smith. There are a couple of options. I could do something in sales. I don’t know if I really want to travel but I want to have a family one day and really be able to support them and just be able to be back there. It’s been a dream come true. Every day I wake up, you’re living the dream. Playing the game for a living and making a lot of money doing it. The weather and stuff, you manage that just like you do any other job, especially outdoor jobs. I was looking out my window and there were construction workers on the roof, putting up stuff, and I was thinking I could be doing that. It’s got to be brutally cold but those guys have to do that because that’s what they do for a living. I think the community here has so much support and the best fans that you could possibly ask for, the best organization; everything is first class.One on One with Eddie LacyAmericans are less prepared to absorb the spike in gasoline prices than they were the last time prices rose this high, in 2008, because unemployment is higher and real estate values are lower, says David Portalatin, an analyst for the market research firm NPD Group.Because they consist of a large number of massively interconnected processing units, all operating in parallel on the same problem, neural networks can potentially operate at considerable speeds.Neurologist faces sex allegations in 3 statesDuring the years when we confronted a nuclear armed Soviet Union, we at least realized that we had to “think the unthinkable,” as intellectual giant Herman Kahn put it. Today it seems almost as if we don’t want to think about it at all.