The following excerpt is from Crowley v. Epicept Corp., Civil No. 09-cv-641-L(BGS) (S.D. Cal. 2012):
In their third claim, Plaintiffs allege fraud against Defendant. Defendant contends that Plaintiffs cannot identify a false statement, a failure to disclose, or any intent to defraud. In response, Plaintiffs attempt to defeat summary judgment by identifying purported genuine issues of material fact. The elements for common-law fraud are: (1) a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by the defendant of its falsity; (3) an intention that the other person rely on it; (4) reasonable reliance thereon by the other person; and (4) resulting damages. Gennari v. Weichert Co. Realtors, 148 N.J. 582, 610 (1997). "The
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