Souders Scott J

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Fraud
Siry Investment L.P. v. Farkhondehpour, S262081 (C.A. Sup. Ct. filed May 8, 2020), the California Supreme Court clarified that the Penal Code § 496 statute applies not only to theft involving stolen property, but also theft related tort involving fraud, misrepresentation, or breach of fiduciary duty. This case originated almost 20 years ago, wherein one of the partners (the defendant) siphoned off rental income through a third party company, thereby defrauding his partners. So, it is criminal fraud per § 496(c) of the Penal Code, thereby allowing the defrauded partners to sue civilly for a violation of Penal Code § 496 and obtain treble damages and attorney’s fees, as well as general damages against the defendant.

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Neighborhoods: Newport Center, Newport Beach
AKA: J Scott Souders PC
Categories: Attorneys, Bankruptcy Law Attorneys, Business Litigation Attorneys, Construction Law Attorneys, Criminal Law Attorneys, Estate Planning, Probate, & Living Trusts, Legal Service Plans, Personal Property Law Attorneys, Real Estate Attorneys, Wills, Trusts & Estate Planning Attorneys

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Phone: (949) 718-3574

Address: 140 Newport Center Dr Ste 250, Newport Beach, CA 92660