Legal Question in Civil Litigation in California

Re: Srategy for fraud suit

Showing that her statements were false is not enough to prove fraud. You have to show that she knew they were false at the time she made them, that she said these things with the intent of causing you to loan her the money, that the statements are what caused you to make the loan (i.e., that you wouldn't have lent her the money if she hadn't said these things) and that your reliance on what she said was reasonable.

Non-payment of the loan is a breach of contract -- assuming that you had a valid contract in the first place, that payment has come due and that nothing you did excused her obligations.

You can allege both breach of contract and fraud in your complaint, but if you aren't convinced she intentionally cheated you then how do you expect to persuade a jury?

Re: Srategy for fraud suit

To add on to what Mr. Hoffman said, you must also show that you were damaged by relying on your "friend's" false representation. Although it's a given in your mind, you must allege it specifically. Your damage, of course, is your loss of the money you loaned.

Re: Srategy for fraud suit

You can sue alternatively, but may have to elect at the time of trial. When you take depositions, you can sometimes asertain the truth. Please contact our office if you need representation in this matter. Our phone number is 714 363 0220.

Re: Srategy for fraud suit

Yes inconsistant theories are ok in an unverified complaint. You may contact me, you are better off with an attorney.