Q: Particular torts statutes in CA. Fraud

A: There are several California statutes that may be relevant to torts involving misrepresentation, concealment of health status information, fraud, and fraudulent referral to hospice:

1. Civil Code § 1709 (Fraudulent Deceit): This statute provides a cause of action for fraudulent deceit, which occurs when a person deceives another with intent to induce that person to alter their position to their injury or risk.

2. Civil Code § 1710 (Deceit Defined): This statute defines deceit, including the suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact.

3. Civil Code § 1572 (Actual Fraud): This statute defines actual fraud, which consists of any of the following acts committed by a party to a contract or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract.

4. Business and Professions Code § 17200 (Unfair Competition Law): This statute prohibits any unlawful, unfair, or fraudulent business act or practice, which could potentially apply to fraudulent practices related to health care referrals.

5. Welfare and Institutions Code § 15610.30 (Financial Abuse of Elder or Dependent Adult): This statute defines financial abuse of an elder or dependent adult, which includes a person or entity taking or assisting in taking real or personal property of an elder for a wrongful use or with intent to defraud.

6. Penal Code § 368 (Elder Abuse): While this is a criminal statute, it's relevant to civil elder abuse cases. It makes it a crime to willfully cause or permit the health of an elder to suffer under circumstances likely to produce great bodily harm or death.

To prevail on a tort claim under these statutes, the plaintiff would need to prove the elements of the specific tort, which typically include a misrepresentation or concealment of a material fact, intent to defraud, reliance by the plaintiff, and resulting damages. The specific facts of the case would determine which statutes are most applicable.

Consulting with a California attorney specializing in elder law, health care law, and tort law would be advisable for anyone considering legal action in a situation involving these issues.