California Court of Appeal

In action for breach of contract, fraud, and treble damages under CA Penal Code section 496(c) for receiving and withholding property by "any manner constituting theft," default judgment for plaintiff including award of treble damages is affirmed, where: 1) based on the statutory language, a criminal conviction under section 496(a) is not a prerequisite to recovery of treble damages under section 496(c); and 2) the phrase "any manner constituting theft" under section 496(a) includes theft by false pretense.

Appellate Information

• Decided 01/15/2013
• Published 01/15/2013

Judges

• FYBEL

Court

• California Court of Appeal

Counsel