KW Economics prepares economic damages analyses for fraud and embezzlement cases venued in California: the components the loss claim consists of, the records that drive them, and a present value built to California's damages rules and venues. Plaintiff and defense.
A fraud or embezzlement economic claim establishes how much was taken, over what period, by what mechanism, and where it went, and quantifies the loss in a form that supports a civil claim or a restitution figure. Read the full fraud and embezzlement analysis guide.
California courts ask whether the reasoning and data behind an expert opinion are sound and whether the opinion rests on matter of a type experts reasonably rely on, reserving a general-acceptance test for novel scientific techniques; the witness is qualified by training and experience. Economic damages testimony is therefore examined on its inputs and logic: whether the worklife, growth, and discount assumptions have a published basis and whether they fit the record.
Highest court: Supreme Court of California. Federal venues: N.D. Cal., E.D. Cal., C.D. Cal., S.D. Cal. Court system: courts.ca.gov.
California applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Interest before judgment runs as of right on a sum that was certain or capable of being made certain by calculation, is discretionary on an unliquidated contract claim, and in injury cases turns on the statutory offer-to-compromise procedure. Economic damages are not subject to a general statutory limit outside specific statutory claims, so the report states each loss as of a fixed date and identifies the components that were certain when they accrued.
The same four steps apply to a fraud and embezzlement case venued in California; the damages framework above decides which components enter the total.
Fraud and Embezzlement cases venued in California are heard in the Superior Court (Unified general jurisdiction trial court in each of 58 counties; handles all civil and criminal matters). Final appeals run to the Supreme Court of California. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of California, Eastern District of California, Central District of California, and Southern District of California.
California applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Interest before judgment runs as of right on a sum that was certain or capable of being made certain by calculation, is discretionary on an unliquidated contract claim, and in injury cases turns on the statutory offer-to-compromise procedure. Economic damages are not subject to a general statutory limit outside specific statutory claims, so the report states each loss as of a fixed date and identifies the components that were certain when they accrued. California courts ask whether the reasoning and data behind an expert opinion are sound and whether the opinion rests on matter of a type experts reasonably rely on, reserving a general-acceptance test for novel scientific techniques; the witness is qualified by training and experience. Economic damages testimony is therefore examined on its inputs and logic: whether the worklife, growth, and discount assumptions have a published basis and whether they fit the record.
Request a consultation on fraud and embezzlement cases in California or call (201) 343-0700. Plaintiff and defense counsel.