Are you searching for information on holding a business person accountable for misrepresentation in San Diego? Omission or Misrepresentation is essentially an attempt to lie about any aspect of a transaction or the failure to disclose known liabilities or potential issues which would affect the decision of another party. Misrepresentation is an unfair business practice in San Diego and across California that opens the door to extensive and expensive legal and financial exposures.
3 Key Takeaways about why Omission or Misrepresentation is an Unfair Business Practice in San Diego and across the State of California:
- What constitutes a business omission or a misrepresentation?
- What are unfair business practices under California Law?
- Why are unfair business practices including omission and misrepresentation such a big legal and financial risk in a business setting in San Diego or across the State of California?
What, In Essence, Constitutes Omission and/or Misrepresentation?
Why do you need a skilled attorney if you are interested in holding a business person accountable for omission and misrepresentation in a business setting? Why is the fact that these constitute an unfair business practice in California relevant from a legal and financial perspective? The law in California requires our attorneys to prove the person responsible for the omission and/or misrepresentation or failure to disclose has taken three specific steps:
- They knew the information presented was false or presented in a false light or knew about the defect(s), liabilities or issue(s) which were concealed
- They intended for you to rely upon the misrepresentation (or the absence of information and facts) in order to entice you to consent to the transaction or agreement
- You, in fact, did rely upon the omission, misrepresentation or failure to disclose in order to make your decision
Misrepresentation, Omission or an Unfair Business Practice Doesn’t Always Involve a Lie
It is an important distinction to note a misrepresentation, omission, or unfair business practice in this context does not require false or untrue information or actions. For example, the owner of a presently successful business may know of a new invention or competitor that will significantly affect the viability of their business in the future and fail to disclose it. They may know their company is about to lose a key employee, substantial customer, or important contracts are not likely to be renewed.
Omission or Misrepresentation is an Unfair Business Practice in San Diego and Throughout California, and Opens the Door to Extensive Legal and Financial Exposure
The act of an omission or misrepresentation is an unfair business practice in San Diego and opens the door to extensive financial exposure. Almost every business lawsuit is going to include allegations of an unfair business practice. These allegations can open the door to extensive financial risk including six or seven figures in legal fees. When defending our clients we work to immediately challenge and dismantle claims of unfair business practice.
Holding a business person accountable for misrepresentation in San Diego is a challenging legal bar which requires experience and legal skill. The Watkins Firm has served the San Diego and California business, science and tech, real estate and medical / healthcare communities for more than 40 years. Our attorneys will investigate what has happened and martial the necessary resources to prove the three prongs of misrepresentation or failure to disclose and hold the perpetrator accountable in any business or civil matter.
If you are concerned about failure to disclose or misrepresentation in San Diego or California we invite you to review our podcast Episode 10 – The Importance of a Strong Corporate Attorney as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
Meet Dan Watkins:
Daniel W. Watkins is a true people person who sincerely listens. He cares about things that occur in other people’s lives. Dan enjoys digging into the facts and finding creative solutions to problems. He is not shy about giving his opinion either.
Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.
Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a seasoned litigator and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.
He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.
THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR
Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.
In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.
