Joseph M. asked

⚖️  Law

Under CAL. CIV. CODE § 1573, Constructive Fraud, if a property owner/bank files an unlawful detainer requesting daily rent fees as penalties and then has their property manager attempt to collect rents for the same period, can an action be brought against the bank for constructive fraud, especially if the bank only received normal rent dues and no penalties from the unlawful detainer? Can the mere attempt to collect double rent dues be a violation under this law?

February 26th, 2023

Bobby S. answered

Constructive fraud under CAL. CIV. CODE § 1573 requires proving several elements: (1) a fiduciary re...

February 26th, 2023

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