What are the elements of fraud and deceit based on concealment?

California, United States of America


The following excerpt is from Buda v. May, A155597 (Cal. App. 2020):

" '[T]he elements of an action for fraud and deceit based on concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as [s]he did if [s]he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage.' " (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 748.)

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