Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Reliance on a false representation may be, and in some cases must be, inferred from the evidence. (Perry v. Superior Court, supra, 57 Cal. 2d at p. 285; People v. Hong Quin Moon (1891) 92 Cal. 41, 42 [27 P. 1096].) However, if the evidence establishes that the victim did not rely on the false pretense, a conviction cannot stand. As Witkin and Epstein note, the reliance or causation element of the crime may be found lacking in three typical situations: '(1) Where the complainant knew the representation was false, or did not believe it to be true. (2) Where, even if he believed it, he did not rely on it, but investigated for himself or sought and relied on other advice. (3) Where, although some false representations are proved, the complainant parted with his money or property for other reasons or in reliance on other representations not shown to be false.' (2 Witkin & Epstein, op. cit. supra, § 612, at p. 696)

The false pretense need not be the sole reason for the victim to part with his money or property. 'The false pretense or representation must have materially influenced the owner to part with ...

Register or login to access full content