Stokes O'Brien

How to Defend a Fraud Lawsuit in San Diego

Posted in Business and Real Estate Litigation on November 2, 2015

As lawyers like to say, this is a complicated question, and depends on the facts.  There are many defenses available to businesses and people sued for fraud.

First, most lawyers would examine are whether the plaintiff can ever show all the elements it needs for a successful fraud case, among others: (a) a representation; (b) that was false; (c) that the plaintiff relied on; (d) that caused damages?   If any of the elements fail, the entire claim fails.  For instance, no matter what misrepresentations occurred if there’s no damages, there’s no fraud case.

Apart from simply disproving an element of the plaintiff’s fraud case.  Defendants have other independent (or affirmative) defenses, such as:

  • the statute of limitations ran;
  • the plaintiff committed fraud in the same transaction; and/or
  • a superseding cause that actually caused the plaintiff’s damage.

To analyze your defenses in a fraud lawsuit in San Diego, contact a fraud attorney at our firm.