What is fraudulent concealment?

Useful Resources for Fraudulent Concealment

Recent Rulings on Fraudulent Concealment

201-225 of 2239 results

MARY T MUNOZ, ET AL. VS GENERAL MOTORS LLC, ET AL.

concealment rule, equitable estoppel, the repair rule, and/or class action tolling (FAC ¶47); The statutes of limitations applicable to Plaintiffs’ claims were tolled by the filing of the Aguilar v.

  • Hearing

    Oct 15, 2020

HINSON VS. BRANDYBERRY

For fraudulent concealment to be actionable, defendant must have been under a duty to disclose the facts to plaintiff. (E.g., Stevens v. Sup.Ct. (St. Francis Med. Ctr.) (1986) 180 Cal.App.3d 605, 609-610,—hospital had duty to disclose lack of required supervision and qualification of medical staff to patient and failure to do so was actionable.)

  • Hearing

    Oct 15, 2020

CHAD JENSEN, ET AL. VS CITY OF POMONA, ET AL.

These include statutory exceptions such as: 1) physical assault by the employer; 2) aggravation of injury by the employer’s fraudulent concealment; 3) products liability cases, 4) power press guards; and 5) situations in which the employer is uninsured. (See Lab. Code §§ 3602, 3706, 4553.) Here, the conduct alleged falls within general management of personnel. Nor does the FAC plead an exception to the exclusivity rule.

  • Hearing

    Oct 15, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

ARTURO SANCHEZ, ET AL. VS NISSAN NORTH AMERICA, INC.

The Court notes that even if Plaintiffs were able to allege any such affirmative representations with factual specificity, it would not cure their failure to allege facts suggesting Defendant had knowledge of the defect at the time the statements were made such that any omission from those statements would constitute fraudulent concealment.

  • Hearing

    Oct 15, 2020

NKLOSURES, INC. ARCHITECTS FKA NKLOSURES, INC. VS AVALON LODGING, LLC DBA BEST WESTERN PREMIER #05747

The complaint, filed July 16, 2020, alleges causes of action for: (1) conversion; (2) fraudulent concealment; (3) unjust enrichment; (4) treble damages pursuant to Penal Code, §496(c); and (5) unfair business practices pursuant to Business & Professions Code, §17200. B. Motion on Calendar On September 11, 2020, Best Western International, Inc. (“BWI”) filed a motion to quash service of the summons and complaint. On October 1, 2020, Plaintiff filed an opposition brief.

  • Hearing

    Oct 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

JESSICA LOY, ET AL. VS TRINA KENNEY, ET AL.

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 fact; and (5) plaintiff sustained damage as a result of the concealment or suppression of the

  • Hearing

    Oct 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANAT KRICHMAR VS LUDMILLA HAIKIN

Fifth Cause of Action (Fraudulent Concealment). Defendant argues that Plaintiff has not pled facts giving rise to a duty to disclose to Plaintiff.

  • Hearing

    Oct 14, 2020

  • Type

    Real Property

  • Sub Type

    other

EVELYN LOPEZ VS GENERAL MOTORS, LLC

For this reason, Plaintiff’s fraudulent concealment claim is barred by the economic loss rule. The weight of authority within the Ninth Circuit concurs with this result. (See, e.g., Sloan v. General Motors LLC (N.D. Cal., Apr. 23, 2020, No. 16-CV-07244-EMC) 2020 WL 1955643, at *23-*24 (Judge Chen) (collecting cases); Mosqueda v. American Honda Motor Company, Inc. (C.D. Cal., Mar. 6, 2020, No. SACV19839MWFMAAX) 2020 WL 1698710, at *13; Hsieh v. FCA US LLC (S.D.

  • Hearing

    Oct 14, 2020

MARK A. CAZARES, ET AL. 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) intent 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) the plaintiff sustained damage as a result of the concealment or suppression of fact. (Hambridge v.

  • Hearing

    Oct 14, 2020

GARCIA V. KIA MOTORS AMERICA, INC.

Here, Plaintiffs claim for fraud relies on fraudulent concealment. (Complaint, ¶¶ 111-112.) Therefore, the court SUSTAINS Defendant’s Demurrer to the Sixth cause of action with 14-days leave to amend.

  • Hearing

    Oct 13, 2020

GARCIA V. KIA MOTORS AMERICA, INC.

Here, Plaintiffs claim for fraud relies on fraudulent concealment. (Complaint, ¶¶ 111-112.) Therefore, the court SUSTAINS Defendant’s Demurrer to the Sixth cause of action with 14-days leave to amend.

  • Hearing

    Oct 13, 2020

VASILE PROPERTIES AIRPORT PLAZA, LLA VS. CAROLINE LAFAURIE, EQUELECUA CARIBBEAN CUISENE,LLA

Third Cause of Action for Fraud/Fraudulent Concealment The demurrer to the third cause of action is sustained with 20 days leave to amend. Cross-Complainants fail to state facts sufficient to constitute a cause of action. “A complaint for fraud must allege the following elements: (1) a knowingly false representation by the defendant; (2) an intent to deceive or induce reliance; (3) justifiable reliance by the plaintiff; and (4) resulting damages.” Service by Medallion, Inc. v.

  • Hearing

    Oct 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RANDY DOMINGUEZ VS LA QUINTA INN & SUITES POMONA ET AL

Plaintiff’s fraudulent concealment allegations are conclusory and have not been pled with the requisite specificity. Plaintiff has not pled any facts indicating that Investel had actual knowledge of the presence of bedbugs in Plaintiff’s room at the time Plaintiff was renting the room. Investel’s demurrer to the fourth cause of action is sustained.

  • Hearing

    Oct 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JULIE FLORES VS ACCESSLEX INSTITUTE

Accordingly, plaintiff’s claim for fraudulent concealment, negligence, and unfair business practice are expressly preempted. With respect to plaintiff’s breach of contract claim, defendant argues the HEA expressly preempts only plaintiff’s non-contractual claims. (Demurrer at 15-16.)

  • Hearing

    Oct 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SANDHYA SHAH VS RASHMI SHAH, ET AL.

The Complaint alleges the following causes of action: Dissolution of partnership; Accounting; Breach of oral contract; Breach of fiduciary duty; Fraudulent concealment; Constructive fraud; Conversion; Money had and received; and Unjust enrichment. Jayesh Shah and his wife Xiomara Barrera move to intervene as defendants in this action. Plaintiff opposes. For the reasons set forth below, the Court grants the motion.

  • Hearing

    Oct 08, 2020

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

ALL PRO COMMUNICATION TECHNOLOGIES, INC VS HRACH ROSTAMI, ET AL.

“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 fact; and (5) plaintiff sustained damage as a result of the concealment of suppression of the

  • Hearing

    Oct 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ARMANDO RAMIREZ VS JESUS PADILLA ET AL.

Haskell & White, LLP (2012) 208 Cal.App.4th 166, 174-75 discusses the procedure and burdens as follows: “(W)hen a plaintiff relies on the discovery rule or allegations of fraudulent concealment, as excuses for an apparently belated filing of a complaint, “ ‘the burden of pleading and proving belated discovery of a cause of action falls on the plaintiff.’ ” [Investors Equity Life Holding Co. v. Schmidt (2011) 195 Cal.App.4th 1519, 1533; April Enterprises, Inc. v.

  • Hearing

    Oct 07, 2020

BRUCE A ARONSON VS KIA MOTORS AMERICA, INC

As the court previously found, Plaintiff has sufficiently pled fraudulent concealment and, therefore, the “fraud” necessary for punitive damages. In other words, the “punitive conduct” (fraud) from which Plaintiff’s punitive damages remedies arise have already been sufficiently pled.

  • Hearing

    Oct 06, 2020

RICHARD PECH VS AFSHIN MOGHAVEM, ET AL.

., and Prodigy Brands LLC (collectively “Moghavem Defendants”) alleging causes of action for (1) Fraudulent Concealment, (2) Fraudulent False Promise, (3) Interference with Contract, (4) Breach of Contract, and (5) Quantum Meruit. On June 23, 2020, Plaintiff filed two Doe amendments naming Stephen N. Doniger as Doe 1 and Scott Alan Burroughs as Doe 2.

  • Hearing

    Oct 05, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

MARIA DE JESUS DOMINGUEZ VS DOES 1 THROUGH 100

Because the fraudulent concealment cause of action is adequately stated, the demurrer is OVERRULED. With respect to the motion to strike, defendant moves to strike the prayers for punitive damages and supporting allegations. As discussed above, plaintiff has properly pled a claim for fraudulent concealment. As such, plaintiff has sufficiently pled fraudulent conduct that may give rise to punitive damage liability.

  • Hearing

    Oct 02, 2020

GERMAIN GREEN, ET AL. VS HYUNDAI MOTOR AMERICA, INC.

concealment of the engine defect, plaintiffs unknowingly exposed themselves to the risk of accident, injury, death and liability when they purchased the subject vehicle.

  • Hearing

    Oct 02, 2020

DAN MARKEL VS BUCHALTER, A PROFESSIONAL CORPORATION, ET AL.

Plaintiff’s Complaint alleges six causes of action against all defendants as follows: (1) declaratory relief, (2) professional negligence, (3) fraudulent concealment, (4) breach of fiduciary duty, (5) interference with prospective economic advantage and (6) unfair business practices (Business and Professions Code § 17200).

  • Hearing

    Oct 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MICHAEL TUMLINSON AND LESLIE TUMLINSON VS FCA US LLC

Merits of Motion – Sixth Cause of Action (Fraudulent Concealment) Defendants argue that fraud must be pled with particularity. Defendants are correct. (See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.)

  • Hearing

    Oct 01, 2020

  • Type

    Contract

  • Sub Type

    Breach

AMICA MUTUAL INSURANCE COMPANY VS. MILLSON CONSTRUCTION, INC.

PLT Amica Mutual Insurance Company Motion for Leave to File Amended Complaint The court grants Plaintiff Amica Mutual Insurance Company’s Motion for Leave to file a First Amended Complaint adding causes of action for fraudulent concealment and negligent misrepresentation against Defendant Pirch Inc. Amica is ordered to file and serve the FAC within 7 days. Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit.

  • Hearing

    Oct 01, 2020

SANGJOON JAY LEE, , AS TRUSTEE OF THE SANGJOON AND JOONGWHA LEE LIVING TRUST DATED APRIL 24 2008, ET AL. VS PAUL MCGRATH, AN INDIVIDUAL, ET AL.

Section 337.15(f) states that the 10-year limitations period “shall not apply to actions based on willful misconduct or fraudulent concealment.” Code Civ. Proc. § 337.15(f).

  • Hearing

    Oct 01, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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