What are the elements of a fraud case?

California, United States of America


The following excerpt is from Levy v. Silverman Realty Corp., B296238 (Cal. App. 2020):

"The elements of fraud are a misrepresentation, knowledge of its falsity, intent to defraud, justifiable reliance, and resulting damage. [Citation.] Fraud causes of actions must be pled with specificity in order to give notice to the defendant and to furnish him or her with definite charges. [Citation.] In drafting the complaint, "'(a) [g]eneral pleading of the legal conclusion of 'fraud' is insufficient; the facts constituting the fraud must be alleged. (b) Every element of the cause of action for fraud must be alleged in the proper manner (i.e., factually and specifically), and the policy of liberal construction of the pleadings . . . will not ordinarily be invoked to sustain a pleading defective in any material respect." [Citations.]' [Citation.]" (Gil v. Bank of America, N.A. (2006) 138 Cal.App.4th 1371, 1381.)

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