What are the elements of fraud by misrepresentation?

California, United States of America


The following excerpt is from Orcilla v. Big Sur, Inc., 198 Cal.Rptr.3d 715, 244 Cal.App.4th 982 (Cal. App. 2016):

The elements of a cause of action for fraud are (1) a misrepresentation, (2) with knowledge of its falsity, (3) with the intent to induce another's reliance on the misrepresentation, (4) actual and justifiable reliance, and (5) resulting damage. (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 230231, 162 Cal.Rptr.3d 864 (Chapman ).) " "A plaintiff asserting fraud by misrepresentation is obliged to ... "establish a complete causal relationship" between the alleged misrepresentations and the harm claimed to have resulted therefrom. " [Citation.]' [Citation.] This requires a plaintiff to allege specific facts not only showing he or she actually and justifiably relied on the defendant's misrepresentations, but also how the actions

[198 Cal.Rptr.3d 736]

he or she took

[244 Cal.App.4th 1008]

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