What are the elements of a fraudulent misrepresentation claim?

California, United States of America


The following excerpt is from Mink v. Encina Veterinary Clinic Inc., A129371 (Cal. App. 2011):

" 'The essential allegations of an action for fraud are misrepresentation, knowledge of its falsity, intent to defraud, justifiable reliance, and resulting damage. [Citation.] Every element of the cause of action for fraud must be alleged in the proper manner and the facts constituting the fraud must be alleged with sufficient specificity to allow defendant to understand fully the nature of the charge made. [Citation.]' [Citations.]" (Curcini v. County of Alameda (2008) 164 Cal.App.4th 629, 649.) "This

Page 7

particularity requirement necessitates pleading facts which 'show how, when, where, to whom, and by what means the representations were tendered.' [Citation.]" (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73.)

Other Questions


What are the elements of a fraudulent misrepresentation claim? (California, United States of America)
What is the test for a claim of fraudulent misrepresentation, concealment or misrepresentation in relation to a science project? (California, United States of America)
What are the elements for negligent misrepresentation and intentional misrepresentation? (California, United States of America)
In what circumstances will an attorney be denied a claim for damages for misrepresentation and misrepresentation? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Does a jury need to be told that the element of offense is not a given, not a required element, and that the omission of that element is a harmless error? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
What are the elements of a negligent misrepresentation claim? (California, United States of America)
What is the test for a fraudulent misrepresentation claim? (California, United States of America)
What are the elements of a negligent misrepresentation claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.