How To Prove A California Ratification Claim

In California, a claim of Ratification is defined as:
Ratification is the giving of one’s approval or confirmation of the conduct of another such that one cannot complain about that conduct later.
It simply means:
Condoning an act that has already been done.
There are 3 elements of the claim:
- Element 1. A party or agent, although not authorized to do so, purported to act on behalf of the defendant. A ratification claim arises when someone acts on behalf of another person without permission, but the person they claim to represent later accepts or approves those actions as if they were authorized.
Facts that might support this element look like:
* The individual presented themselves as a representative of the defendant during negotiations, despite lacking any formal authorization.
* Emails were sent from the individual’s account using the defendant’s name, leading third parties to believe they were acting on behalf of the defendant.
* The individual signed contracts with third parties, claiming to have the authority to bind the defendant to those agreements.
* The defendant did not take any steps to inform third parties that the individual was not authorized to act on their behalf.
* The defendant benefited from the actions taken by the individual, which further implied acceptance of the unauthorized acts. - Element 2. The defendant learned of the party’s (or agent’s) unauthorized conduct, and all of the material facts involved in the unauthorized transaction, after it occurred. The defendant found out about the unauthorized actions taken by someone else and all the important details about that transaction only after it had already happened.
Facts that might support this element look like:
* The defendant received a detailed report outlining the unauthorized transaction two weeks after it occurred.
* The defendant was informed by a third party about the unauthorized conduct during a meeting held a month after the event.
* The defendant discovered discrepancies in financial records that indicated unauthorized actions only after conducting a routine audit.
* The defendant was alerted to the unauthorized conduct through a whistleblower complaint received several days post-transaction.
* The defendant reviewed correspondence that revealed the unauthorized actions after the transaction had already taken place. - Element 3. The defendant then approved of the agent’s conduct. In a ratification claim, this means that the person being accused (the defendant) agreed to or accepted the actions taken by someone else (the agent), showing they support or endorse what the agent did on their behalf.
Facts that might support this element look like:
* The defendant was present during the agent’s actions and did not object or express disapproval at any time.
* After the agent completed the transaction, the defendant publicly praised the agent’s efforts and results.
* The defendant received and accepted the benefits of the agent’s actions without any indication of dissatisfaction.
* The defendant communicated with third parties, endorsing the agent’s conduct as appropriate and effective.
* The defendant took no steps to disavow the agent’s actions despite having the opportunity to do so.
(See California Civil Jury Instructions (CACI), No. 3710 (2020).)
If you’re in court without a lawyer and plan to assert a Claim of Ratification, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your legal journey effectively.
Prove Your CA Ratification Claim
U.S. Civil Cases Only