Cancel 2018. 3
<-- sched 2, MJ sched 1
However, the general common law rule is that fraud in the inducement does not
vitiate consent because the victim agreed knowing the true nature of the act to be
performed. (People v. Stuedemann (2007) 156 Cal.App.4th 1, 7-8; see also People
v. Boro, supra, 163 Cal.App.3d at p. 1228 [“‘consent [to sexual intercourse]
induced by fraud is effective as any other consent, so far as the direct and
immediate consequences are concerned, if the deception relates not to the thing
done but merely to some collateral matter (fraud in the inducement)’”].)
People v. Babaali (2009) __ Cal App __ , 3 (2nd Dist. Div. 4 B206165)
so it appears that unless there is a statute otherwise, at least in CA fraud in the inducement does not vitiate consent...compare to fraud in the factum