does "ijury to personal property "include money for damages due to fraud in the inducement
Country relating to Question: United States
State (if USA): California
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.If possible, please provide me with a little more background as to what happened and how you were damaged.Thanks!Nate
Contractor submitted a bid to do work on private property based upon information furnished by city agency. Data resulted in 100%overrun. Statute of Limitations (California Government code 911.2) is 6 months for ...injury ...to personal property and 1 year for other causes of action. Contractor submitted claim approximately 10 months after contracting. claim rejected based upon 6 month statute
If Fraud can be proven then certainly that could be used. However, fraud is very, very hard to prove. In cases like this, you would need some sort of paper trail show the mental intent to defraud. That's usually not easy to come by. Unless there is obvious evidence of fraud, it will not likely be successful.Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have. I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you. Thank you, Nate
I know it's difficult to prove fraud! that was not the question! The question is which statute of limitations apply? The city says it is injury to personal property (Money) and there fore the 6 month applies.
I need a little more clarification, then. There is no statute of limitations that short under California law for anything.Who is the claim being made against? Is it the city?
claim is against the city agency. Statute pertains to filing claim against public entity governed by California Government Code section 911.2, Don't fight the facts as presented
Hi, thanks for your inquiry! I have been practicing law for 17+ years and have specific experience with issues similar to yours. That being said...I am reviewing your facts and will be back shortly with my answer. Thank you for your patience.
Hi again, and thank you for your patience. I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top knotch answers to all of my customers. I am happy to share with you my decades of experience as I donate my time here. Please DO remember to only rate my answer when you are 100% satisfied with my diligence and effort in accordance with your chosen transaction. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS! Your 911.2:(a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action...."I have NEVER heard of injury to personal property to include anything other than physical injury, i.e. destruction/damages to property.I would strenuously argue that the "other cause of action" it that which pertains. A Breach of Contract, for instance, which is similar to fraud in the inducement often times, would certainliy not be "injury to property". Injury to property is typically along the lines of "personal bodily injury" - when a negligent act (or worse) causes bodily injury or property injury - such as a Car Accident caused by the agency employee. I think their claim that it is a property claim is spurious, at best.The CA court side specifically notes that breach of contract claims (and I am NOT saying you claimed breach of contract) are NOT in the 6 month limit, but enjoy the 12 month limit.See here.http://www.courts.ca.gov/9618.htmAnd, fraud in the inducement is related to contract law, NOT personal injury/property injury:To adequately allege fraud in the inducement, a California plaintiff must allege: (1) a fraudulent representation; (2) made to induce the plaintiff to enter into a contract (or forbearance); and (3) that is not a part of the contract. (A. A. Baxter Corp. v. Colt Industries, Inc. (1970) 10 Cal.App.3d 144, 153-54.) It is NOT related to personal property damage at all. If they are saying that because you lost money on a contract, it is a "personal property" claim, I am not seeing it. When we allege causes of action such as breach of contract, we are always saying we lost money, but we are NOT claiming damage to property - notably, 911.2 specifically (as per the California court site's explanation holds the breach of contract, despite claiming MONEY damages, is not part of the section of with 6 month time limit, is NOT injury to property. The cash was not damaged - your profit was.I hope the above helps you. I don't think this issue was ever appealed to an Appellate publishable case because it is ludicrous. Did they file a Motion to Dismiss? Or just send you a letter that they don't take your claim seriously because they believe you outlived your SOL. I suspect that they will change their tune when you move forward.Let me know if you need follow up! ------- I hope this clarifies and I wish you the best. 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