Defendant induced plaintiff to loan him $202,500 based on a false pretense. Plaintiff brought an action seeking attorney fees and treble damages. Penal Code section 496, subdivision (a), makes receiving, buying, or withholding property “that has been obtained in any manner constituting theft” an act punishable by imprisonment. Subdivision (c) reads: “Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees.” The trial court awarded treble damages and attorney fees. The appellate court affirmed, finding that section 496 does not require a criminal conviction. Bell v. Feibush (Cal. App. Fourth Dist., Div. 3; January 15, 2013) 212 Cal.App.4th 1041.
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