31 16 . “Fraud” Explained
“Fraud” means an intentional misrepr esentation, 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 .
New September 2003; Revised October 2008
• “Fraud” for Punitive Damages. Civil Code section 3294(c)(3).
• “Although neglect that is fraudulent may be suf ficient to trigger the enhanced
remedies available under the Elder Abuse Act, without detrimental reliance, there
is no fraud.” ( Carter v . Prime Healthcare Paradise V alley LLC (201 1) 198
Cal.App.4th 396, 409 [129 Cal.Rptr .3d 895], internal citations omitted.)
• “Apart from recklessness, [plaintif fs] 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 af fect its Medicare funding. Unlike the allegations
of recklessness in violating staf fing regulations, we find these allegations of
fraud insuf ficient. . . . There were no allegations explaining how such
concealment harmed [decedent] or how he detrimentally relied on it.” ( Fenimor e
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, Dur ess, Menace, Fraud,
Undue Influence, and Mistake , § 215.70 (Matthew Bender)
Page last reviewed May 2024
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