What are the elements of common law fraud?

California, United States of America


The following excerpt is from Luginbill v. Salva, E068549 (Cal. App. 2018):

"The elements of common law fraud are: '(1) a misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (or scienter); (3) intent to defraud, i.e., to induce reliance; (4) justifiable reliance; and (5) resulting damage.'" (AREI II Cases (2013) 216 Cal.App.4th 1004, 1021-1022.) A plaintiff must plead fraud claims with specificity. (Orcilla v. Big Sur, Inc. (2016) 244 Cal.App.4th 982, 1008.) This means the plaintiff "'must allege facts showing how, when, where, to whom, and by what means the representations were made.'" (Ibid.)

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