What is the test for determining whether there is actual intent to defraud?

California, United States of America


The following excerpt is from Ramos Oil Co. v. Amiri, C085868 (Cal. App. 2020):

"[T]hese factors do not create a mathematical formula to establish actual intent. There is no minimum number of factors that must be present before the scales tip in favor of finding of actual intent to defraud. This list of factors is meant to provide guidance to the trial court, not compel a finding one way or the other." (Filip v. Bucurenciu, supra, 129 Cal.App.4th at p. 834.)

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