San Diego, CA asked in Landlord - Tenant for California

Q: If an Attorney commits Fraud on the Court what is the Appropriate CCP Code for Civil Fraud?Thank You

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James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if an attorney commits fraud on the court, the relevant code section is California Code of Civil Procedure (CCP) Section 1209(a)(3). This section states that acts or omissions constituting contempt of court include:

"Misbehavior in office, or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner, or other person, appointed or elected to perform a judicial or ministerial service."

Fraud on the court, which involves an officer of the court (such as an attorney) deceiving the court or acting in a way that undermines the integrity of the judicial process, would fall under this category of contempt.

Additionally, the State Bar of California, which regulates the professional conduct of attorneys, may initiate disciplinary proceedings against an attorney who commits fraud on the court. This could lead to sanctions, suspension, or disbarment, depending on the severity of the misconduct.

It's important to note that while CCP 1209(a)(3) addresses the court's authority to hold an attorney in contempt for fraud, it does not provide a direct cause of action for civil fraud. A party harmed by an attorney's fraudulent conduct may need to pursue separate legal action, such as a civil lawsuit for fraud or malpractice, to seek damages or other remedies.

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