What are the essential facts needed to establish a cause of action in fraud or deceit based on a promise made without any intention of performing it?

The facts essential to the statement of a cause of action in fraud or deceit based on a promise made without any intention of performing it are: (1) a promise made regarding a material fact without any intention of performing it; (2) the existence of the intent at the time of making the promise; (3) the promise was made with intent to deceive or with intent to induce the party to whom it was made to enter into the transaction; (4) the promise was relied on by the party to whom it was made; (5) the party making the promise did not perform; (6) the party to whom the promise was made was injured. Berkey v. Halm, 101 Cal.App.2d 62, 69, 224 P.2d 885. Count III alleges all of these facts.