Stoner

Bonnie Jo Williams (Williams) appeals a judgment entered following a jury verdict against her in a fraud action brought by Krista Stoner (Stoner). Williams contends the court erred by instructing the jury that it was not required to agree on the same fraudulent act provided at least nine jurors agreed that all of the elements of fraud were proved by a preponderance of the evidence. Williams also contends the court abused its discretion by allowing Stoner to introduce evidence supporting theories of fraud not included in the complaint. We conclude the court did not err and affirm the judgment.

Factual and Procedural Background

Our summary of the factual and procedural background reflects our attempt to set forth an objective, concise background relevant to the issues on appeal. Stoner did not file a respondent’s brief, and we are without the benefit of her factual summary and response to Williams’s brief.

On July 28, 1988, Stoner met Williams at the offices of San Diego Pregnancy Services, Inc. (SDPS). At that time, Williams was the director of client services of SDPS. Stoner was then nineteen years old and three to four months pregnant. After being assured that…