This case has been cited 1 times or more.
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2008-11-25 |
AUSTRIA-MARTINEZ, J. |
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| be issued based on mere abstractions of fraud.[58] Rather, the rules require that for the writ to issue, there must be a recitation of clear and concrete factual circumstances manifesting that the debtor practiced fraud upon the creditor at the time of the execution of their agreement in that said debtor had a pre-conceived plan or intention not to pay the creditor.[59] Being a state of mind, fraud cannot be merely inferred from a bare allegation of non-payment of debt or non-performance of obligation.[60] | |||||