CALIFORNIA FAMILY LAW
...Community Property Issues
......Duties/Management & Control
.........Fraud
6 Cards On This Topic:

Remedy for breach of fiduciary duty is award equal to at least 50% of undisclosed or transferred asset plus attorney fees and costs.

If damages due to breach of fiduciary duty arise from oppression fraud or malice damages can be 100% of undisclosed or transferred asset.

Actual fraud defined (civil matters).

Factual findings, imposed as sanctions on H for evasive and obstreperous conduct during discovery, were proper, and resulting award of 100% of c/p to W justified.

"Clear and convincing" burden of proof for fraud is for guidance of trial ct.; court of appeal still utilizes substantial evidence test on review.

H entitled to 100% of lottery winnings under Fam. Code §1101 (h) where W fraudulently concealed them from H and court in violation of Civ. Code §3294.