Does a jury's verdict for fraud by misrepresentation reflect the absence of a factual finding necessary to support a cause of action?
California, United States of America
The following excerpt is from Orozco v. Conrad, C086667 (Cal. App. 2020):
Similarly, in Behr, the court concluded the verdict there reflected "the absence of a factual finding necessary to support a cause of action" for fraud by misrepresentation because the verdict form did not call for a finding as to whether the defendant made an affirmative misrepresentation. (Behr v. Redmond (2011) 193 Cal.App.4th 517, 531.) Thus, that cause of action was unsupported by the jury's verdict, and judgment on that claim was reversed. (Id. at p. 538.)
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