What are the elements of a negligent misrepresentation claim?

The elements of a cause of action for negligent misrepresentation are: "1. The defendant must have made a representation as to a past or existing material fact. [p ] 2. The representation must have been untrue; [p ] 3. Regardless of his actual belief the defendant must have made the representation without any reasonable ground for believing it to be true; [p ] 4. The representation must have been made with the intent to induce plaintiff to rely upon it; [p ] 5. The plaintiff must have been unaware of the falsity of the representation; he must have acted in reliance upon the truth of the representation and he must have been justified in relying upon the representation. [p ] 6. And, finally, as a result of his reliance upon the truth of the representation, the plaintiff must have sustained damage." (BAJI No. 12.45; see Walters v.

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