Litigants In CA Have Powerful New Remedy

LITIGANTS IN CALIFORNIA HAVE A POWERFUL REMEDY IN CASES INVOLVING THEFT

In Siry Investments vs. Saeed Farkhondehpour, 13 Cal. 5th 333 (2022), the California Supreme Court recently issued a decision that expands the remedies available to civil litigants who are victims of financial theft. California Penal Code § 496(a) criminalizes the knowing receipt of stolen property and allows a litigant to bring a civil action under this statutory provision, even if the wrongdoer is not criminally prosecuted. The Supreme Court held that Penal Code § 496 applies where there is a wrongful diversion of funds or assets from a business, provided that the requisite criminal intent can be shown. Because treble damages and recovery of attorneys' fees are available under Section 496(c), a defendant that is sued under this Penal Code statute can have significant exposure.