Q: What are common law fraud statutes?

A: In California, fraud is primarily governed by common law principles rather than specific statutes. Common law fraud, also known as deceit, occurs when a person intentionally misrepresents or conceals a material fact, causing another person to rely on that misrepresentation or omission and suffer damages as a result.

The key elements of common law fraud in California are:

1. Misrepresentation: The defendant made a false representation of a material fact or concealed a material fact when there was a duty to disclose.

2. Knowledge of falsity: The defendant knew the representation was false or made the representation recklessly without regard for its truth.

3. Intent to defraud: The defendant intended to induce the plaintiff to rely on the misrepresentation.

4. Justifiable reliance: The plaintiff reasonably relied on the defendant's misrepresentation.

5. Damages: The plaintiff suffered actual damages as a result of their reliance on the misrepresentation.

While not a statute, California Civil Code § 1709 codifies the common law principle of deceit, stating that "[o]ne who willfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers."

Additionally, some specific types of fraud are addressed in California statutes, such as:

- Insurance fraud (California Penal Code § 550)

- Welfare fraud (California Welfare and Institutions Code § 10980)

- Workers' compensation fraud (California Insurance Code § 1871.4)

- Medi-Cal fraud (California Welfare and Institutions Code § 14107)

However, the general principles of common law fraud apply to a wide range of situations not specifically addressed by these statutes.