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California Points & Authorities
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

10-105 California Points & Authorities 105.syn


Fraud and Deceit


The Matthew Bender Editorial Staff

Chapter Summary


In California litigation, the term "deceit" indicates conduct giving rise to a tort action for damages. Deceit is grouped generally with other tortious conduct that, without any contractual obligation, results in injury to the person or property of another or infringes on another's rights. The term "fraud," on the other hand, refers to conduct that nullifies otherwise valid consent to a contract; fraud is thus a defense to an action for breach of contract. The courts, however, commonly use the term "fraud" or "fraud and deceit" in referring to the tort cause of action.

This chapter of California Points and Authorities contains forms of points and authorities relating to actions for the intentional tort of deceit (commonly referred to as an action for fraud and deceit) and actions for negligent misrepresentation. The forms in this chapter are set out as contentions, supporting or opposing specific issues relating to actions for fraud, deceit, and negligent misrepresentation.

This chapter includes forms relating to the requirement that actions for fraud and deceit must be alleged specifically. As these forms involve a pleading requirement, they are designed primarily to be combined with other points and authorities supporting a demurrer. The chapter also contains forms relating to the sufficiency in pleading or proving the initial element in an action for fraud and deceit: the misrepresentation, omission or concealment of material fact, or other deceitful act, which may be combined with points and authorities supporting or opposing a demurrer or motion challenging the pleading, or supporting or opposing a motion challenging the evidence, such as a motion for summary judgment. The chapter further includes forms relating to the sufficiency in pleading or proving the other elements in an action for fraud and deceit: intent to induce reliance, actual and justifiable reliance, harm caused as a result, and measurable damages for the resulting harm. Additionally, the chapter contains forms relating to the sufficiency of pleading or proof of an action for negligent misrepresentation. Finally, the chapter includes forms relating to affirmative defenses to an action for fraud and deceit.

California Points and Authorities is the only California publication to provide forms that combine concise arguments of the law with accurate summaries of supporting statutes, cases, and rules. Easily adaptable for use in trial and appellate briefs and researching jury instructions, the forms are designed to assist the attorney in arguing points of law at all stages of litigation.


California law,California practice,California litigation,fraud,deceit,fraud and deceit,California tort,breach of contract,negligence misrepresentation,intentional tort


For forms of points and authorities relating to defaults, see Ch. 70, Defaults, Default Judgments, and Relief From Judgments and Orders.

For forms of points and authorities relating to demurrers, see Ch. 71, Demurrers and Motions for Judgment on the Pleadings.

For forms of points and authorities relating to the contractual defense of fraud, see Ch. 92, Duress, Menace, Fraud, Undue Influence and Mistake.

For other points and authorities pertaining to actions for wrongful termination of employment, see Ch. 100, Employer and Employee: Wrongful Termination and Discipline, Ch. 100, Employer and Employee: Respondeat Superior, and Ch. 239, Workers' Compensation Exclusive Remedy Doctrine, Employer and Employee.


See Matthew Bender(R) Practice Guide: California Pretrial Civil Procedure (Matthew Bender) for precise guidance on finding pertinent online information, cross-references to relevant content, icons classified by type, and an abundance of checklists and forms that you can't find elsewhere.

For legal background with detailed coverage of the elements of a tort action for fraud and deceit, see California Forms of Pleading and Practice, Ch. 269, Fraud and Deceit (Matthew Bender).

For further legal background, research guides, and forms relating to judicial notice, see California Forms of Pleading and Practice, Ch. 321, Judicial Notice (Matthew Bender).

For related legal background, research and procedural guides, see California Forms of Pleading and Practice, Ch. 206, Demurrers and Motions for Judgment on the Pleadings, Ch. 375, Motions to Strike, and Ch. 389, Nonsuit and Motions for Judgment (Matthew Bender).

See California Forms of Jury Instruction (Matthew Bender) for comprehensive and comprehensible jury instructions for use in California civil litigation, including all of the official Judicial Council of California Civil Jury Instructions (CACI), as well as Matthew Bender jury instructions that enhance CACI or cover areas of law that are not addressed by CACI.

See California Torts (Matthew Bender) for discussion on the current state of tort law, as well as analysis of unsettled areas, including: negligence; effect of workers' compensation law; medical, legal and other professional malpractice; intentional torts; wrongful termination; discrimination and harassment; public entity liability and claims procedure; and insurance claims.
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