What is fraudulent concealment?

Useful Resources for Fraudulent Concealment

Recent Rulings on Fraudulent Concealment

226-250 of 2234 results

HERON-ARCHIE VS DCH

The Motion is DENIED as to punitive damages as the challenge to fraudulent concealment in Demurrer has been overruled.

  • Hearing

    Sep 29, 2020

NELSON RENE PINEDA VS FCA US, LLC, ET AL.

The Song-Beverly Act claims, and the fraudulent concealment claim, are not sufficiently related to the underlying purchase agreements to allow a nonsignatory manufacturer to enforce the agreement’s arbitration clause: BMW next argues that Kramer is distinguishable from the instant case because it did not involve a claim for breach of an express warranty under the Song-Beverly Act. (Doc. No. 20 at 6.)

  • Hearing

    Sep 29, 2020

EDWIN TIU VS. MICHAEL MARTIN

Fraudulent concealment requires a plaintiff to show (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression

  • Hearing

    Sep 28, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

DEMURRER

concealment are based on the general allegation that “Defendants misrepresented that the 2011 Loan Modification included all loans associated with the subjec property.

  • Hearing

    Sep 28, 2020

NELSON IGLESIAS, ET AL. VS SAN FERNANDO MOTOR COMPANY, A CALIFORNIA CORPORATION, ET AL.

Given that Plaintiffs have pled facts sufficient to state causes of action for fraudulentconcealment and negligent repair and have alleged that had they known of the defects “they would not have purchased the Subject Vehicle” (Complaint, ¶ 235), the economic loss rule does not apply. Based on the foregoing, Defendants’ demurrer based on the economic loss rule is OVERRULED. II. Motion to Strike A.

  • Hearing

    Sep 28, 2020

  • Type

    Contract

  • Sub Type

    Breach

JOEL PASCHAL VS KOLLIDER INDUSTRIES LLC ET AL

A cause of action for fraudulent concealment has the same elements, except instead of a misrepresentation the plaintiff must plead and prove that defendant intentionally concealed a material fact that he or she had a duty to disclose. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) The Investor Group argues that the “twelfth and thirteenth causes of action for false representation and concealment, respectively, fail as a matter of undisputed fact because Mr.

  • Hearing

    Sep 28, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

JOSE CARDOS SOBERANIS, ET AL. VS DOES 1 THROUGH 200, INCLUSIVE

(Fairhill) demurs to the Complaint’s fourth cause of action for fraudulent concealment.

  • Hearing

    Sep 25, 2020

JOEL PASCHAL VS KOLLIDER INDUSTRIES LLC ET AL

A cause of action for fraudulent concealment has the same elements, except instead of a misrepresentation the plaintiff must plead and prove that defendant intentionally concealed a material fact that he or she had a duty to disclose. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) The Investor Group argues that the “twelfth and thirteenth causes of action for false representation and concealment, respectively, fail as a matter of undisputed fact because Mr.

  • Hearing

    Sep 25, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

JAMIE WEEKS VS JESSICA MORTAROTTI, ET AL.

Fraudulent Concealment (6th Cause of Action) With respect to the sixth cause of action for Fraudulent Concealment, the requirement of specificity is intended to apply to affirmative misrepresentations. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1384.) This requirement is thus harder to apply to cases of nondisclosure because, for instance, it is difficult to show “how” and “by what means” something did not happen. (Ibid.)

  • Hearing

    Sep 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RICHARD ANDERSON, ET AL. VS GINNA CASKEY, ET AL.

Plaintiffs also claim that Defendants engaged in “fraudulent concealment” “during the [Plaintiffs’] tenancy” at the Ventura County residence. (Id. at ¶ 98.) These allegations demonstrate that Plaintiffs claims and injury suffered all stem from actions in Ventura County. Further, the damages elements of their claims did not accrue until they moved into the subject property in Ventura County. Plaintiffs’ declarations do not contradict these allegations in the complaint.

  • Hearing

    Sep 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RICHARD ANDERSON, ET AL. VS GINNA CASKEY, ET AL.

Plaintiffs also claim that Defendants engaged in “fraudulent concealment” “during the [Plaintiffs’] tenancy” at the Ventura County residence. (Id. at ¶ 98.) These allegations demonstrate that Plaintiffs claims and injury suffered all stem from actions in Ventura County. Further, the damages elements of their claims did not accrue until they moved into the subject property in Ventura County. Plaintiffs’ declarations do not contradict these allegations in the complaint.

  • Hearing

    Sep 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SAN FRANCISCO SPINE SURGEONS, PC V. BRIAN BLATZ, ET AL.

In the operative FAC, SF Spine asserts causes of action against Blatz, Surgical Management, and Payroll Express for: (1) professional negligence; (2) negligence per se; (3) breach of fiduciary duty; (4) fraudulent concealment; (5) intentional misrepresentation; and (6) negligent misrepresentation. Currently before the Court is Blatz’s motion for summary judgment. SF Spine opposes the motion. Both sides filed requests for judicial notice. II.

  • Hearing

    Sep 24, 2020

JOSE MIRELES VS AXIALL CORPORATION, ET AL

Fourth COA: Fraudulent concealment All Defendants demur to the fourth cause of action for fraudulent concealment on the basis that it fails to state sufficient facts to state a cause of action.

  • Hearing

    Sep 24, 2020

AMBRIZ VS FORD MOTOR COMPANY

., to defend against Plaintiffs’ fraudulent concealment claim. DENY. D. Expert Witness Fees (Item 8) Defendant seeks $40,146.97 in expert witness fees pursuant to CCP § 998. CCP § 1033.5(a)(14) allows additional costs as provided by law. If a plaintiff rejects a statutory (CCP § 998) offer of compromise before trial and fails to obtain a “more favorable” judgment at trial, the plaintiff must pay defendant’s postoffer court costs. (CCP § 998(c).)

  • Hearing

    Sep 23, 2020

ALVARO GALLEGOS, ET AL. VS LUCIANO GOMEZ, JR.

Seventh and Eighth Cause of Action (Intentional Misrepresentation and Fraudulent Concealment) “The required elements for fraudulent concealment are: (1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose the fact to the plaintiff; (3) the defendant intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would not have acted as he or she did if he or she had known of the concealed or suppressed

  • Hearing

    Sep 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

TIFFANY BENAVENTE, ET AL. VS FCA US, LLC, ET AL.

., Exh. 1) and incurred an obligation to make monthly payments on the amount financed, alleged caused by Defendant FCA’s fraudulent concealment of the PowerNet defect.

  • Hearing

    Sep 23, 2020

WILLIAM TUTTON, ET AL. VS SUSAN K BALMFORTH

Fourth Cause of Action: Fraudulent Concealment Defendant demurrers to the fourth cause of action contending that the fourth cause of action is not pled with the required specificity.

  • Hearing

    Sep 23, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

BARBARA SANCHEZ V. DOES 1 THROUGH 100 INCLUSIVE, ET AL.

In Jones, supra, the court found that the allegations of fraudulent concealment were sufficient to state a cause of action where, similar to here, the plaintiff had made general allegations regarding fraudulent concealment.

  • Hearing

    Sep 22, 2020

LETICIA MUNOZ OLMOS, ET AL. VS JRDTSP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DBA SCOTT ROBINSON CHRYSLER DODGE JEEP RAM, ET AL.

Here, Plaintiffs’ fraud by omission claim is premised on fraudulent concealment or inducement, which is generally sufficient to establish an independent duty. As noted above, Plaintiffs have adequately plead fraudulent inducement by concealment. Additionally, Plaintiffs sufficiently allege exposure to potential liability to themselves and others.

  • Hearing

    Sep 22, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

OVERLAND DIRECT INC VS. ESOLA CAPITAL INVESTMENT LLC

The doctrine of fraudulent concealment for tolling the statute of limitation does not come into play if Plaintiff is on notice of a potential claim. Id. Plaintiff filed its original Complaint in the Euclid action on June 16, 2016. The Aframian Defendants were named in the Fist Amended Complaint, filed on May 31, 2017. The Aframians were not named in place of Doe Defendants, but were added as new Defendants.

  • Hearing

    Sep 22, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

LINDA MARIE DE LA RIVA VS KIA MOTORS AMERICA, INC.

The elements of fraudulent concealment are (1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose the fact to the plaintiff; (3) the defendant intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would not have acted as he or she did if he or she had known of the concealed or suppressed fact; and (5) plaintiff sustained damage as a result of the concealment or suppression of fact.

  • Hearing

    Sep 22, 2020

ANNA RIZHAVSKAYA VS AMERICAN HONDA MOTOR COMPANY, INC.

Defendant provides no authority for the general proposition that the economic loss rule does bars a claim for fraudulent concealment. To the contrary, when finding that the economic loss rule is not a bar to fraud, our Supreme Court reiterated that fraud includes a misrepresentation which is defined as a false representation, concealment or nondisclosure. Robinson Helicopter Company (2004) 34 Cal.4th 979, 990. (Emphasis added.)

  • Hearing

    Sep 22, 2020

OVERLAND DIRECT INC VS. ESOLA CAPITAL INVESTMENT LLC

The doctrine of fraudulent concealment for tolling the statute of limitation does not come into play if Plaintiff is on notice of a potential claim. Id. Plaintiff filed its original Complaint in the Euclid action on June 16, 2016. The Aframian Defendants were named in the Fist Amended Complaint, filed on May 31, 2017. The Aframians were not named in place of Doe Defendants, but were added as new Defendants.

  • Hearing

    Sep 22, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

NAYAREH KHANKHANIAN VS JULIAN UNRUH, ET AL.

On December 23, 2019, Defendants filed a cross-complaint against cross-defendants Sungho Kang and Sivaganesh Mullapudi for (1) equitable comparative indemnity (2) equitable implied indemnity (3) total equitable indemnity (4) declaratory relief and (5) fraudulent concealment. The cross-complaint does not specify a damages amount.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

OVERLAND DIRECT INC VS. ESOLA CAPITAL INVESTMENT LLC

The doctrine of fraudulent concealment for tolling the statute of limitation does not come into play if Plaintiff is on notice of a potential claim. Id. Plaintiff filed its original Complaint in the Euclid action on June 16, 2016. The Aframian Defendants were named in the Fist Amended Complaint, filed on May 31, 2017. The Aframians were not named in place of Doe Defendants, but were added as new Defendants.

  • Hearing

    Sep 22, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

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