§ 3343. — 3343. (Amended by Stats. 1971, Ch. 943.)

(a)
One defrauded in the purchase, sale or exchange of property is entitled to recover the difference between the actual value of that with which the defrauded person parted and the actual value of that which he received, together with any additional damage arising from the particular transaction, including any of the following:
(1)
Amounts actually and reasonably expended in reliance upon the fraud.
(2)
An amount which would compensate the defrauded party for loss of use and enjoyment of the property to the extent that
any such loss was proximately caused by the fraud.
(3)
Where the defrauded party has been induced by reason of the fraud to sell or otherwise part with the property in question, an amount which will compensate him for profits or other gains which might reasonably have been earned by use of the property had he retained it.
(4)
Where the defrauded party has been induced by reason of the fraud to purchase or otherwise acquire the property in question, an amount which will compensate him for any loss of profits or other gains which were reasonably anticipated and would have been earned by him from the use or sale of the property had it possessed the characteristics fraudulently attributed to it by the party committing the fraud, provided that lost profits from the use or sale of the property shall be recoverable only if and only to the extent that all of the following apply:
(i)
The defrauded party acquired the property for the purpose of using or reselling it for a profit.
(ii)
The defrauded party reasonably relied on the fraud in entering into the transaction and in anticipating profits from the subsequent use or sale of the property.
(iii)
Any loss of profits for which damages are sought under this paragraph have been proximately caused by the fraud and the defrauded party’s reliance on it.
(b)
Nothing in this section shall do either of the following:
(1)
Permit the defrauded person to recover any amount measured by the difference between the value of property as represented and the actual value thereof.
(2)
Deny to any person having a cause of action for fraud or deceit any legal or equitable remedies to which such person may be entitled.

Legislative History

Amended by Stats. 1971, Ch. 943.