CACI 3116 Fraud Explained

California Civil Jury Instructions CACI

3116 “Fraud” Explained

“Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact with the intention of depriving [name of plaintiff/decedent] of property or of a legal right or otherwise to cause [name of plaintiff/decedent] injury.

Sources and Authority

“Fraud” for Punitive Damages. Civil Code section 3294(c)(3).

“Although neglect that is fraudulent may be sufficient to trigger the enhanced remedies available under the Elder Abuse Act, without detrimental reliance, there is no fraud.” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 409 [129 Cal.Rptr.3d 895], internal citations omitted.)

“Apart from recklessness, [plaintiffs] also alleged the [defendant] Hospital was liable for elder abuse remedies because it acted fraudulently. They alleged the Hospital concealed [decedent] ‘s fall from his family, knowing that the fall was an adverse event that would affect its Medicare funding. Unlike the allegations of recklessness in violating staffing regulations, we find these allegations of fraud insufficient. … There were no allegations explaining how such concealment harmed [decedent] or how he detrimentally relied on it.” (Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1351 [200 Cal.Rptr.3d 345], internal citation omitted.)

Secondary Sources

Balisok, Civil Litigation Series: Elder Abuse Litigation, § 9:43 (The Rutter Group)
1 California Forms of Pleading and Practice, Ch. 5, Abuse of Minors and Elderly, § 5.33[4] (Matthew Bender)
17 California Forms of Pleading and Practice, Ch. 215, Duress, Menace, Fraud, Undue Influence, and Mistake, § 215.70 (Matthew Bender)