Tuesday, January 15, 2013

Bell v. Feibush (Cal. Ct. App. - Jan. 15, 2013)

Sometimes I mention a case just because it's helpful to those who litigate.

Like this one.

We all know that fraud claims open up the possibility of punitive damages.  Did you know that there was an obscure California statute that also allows you to recover mandatory treble damages, as well as attorney's fees, in such cases as well?

There is.  It's Section 496 of the Penal Code.  You might think it's only applicable (if at all) to people who actually steal property.  But it includes theft by false pretenses.  Including pretty much every fraud claim you might allege.  At least according to the Court of Appeal.

Pretty neat.  Didn't know that before today.  Something that I'll definitely use in the future.