Does appellant have a cause of action for negligent misrepresentation?
California, United States of America
The following excerpt is from Carpenter v. City of Los Angeles, 230 Cal.App.3d 923, 281 Cal.Rptr. 500 (Cal. App. 1991):
3 We do not frame our discussion in terms of whether appellant has stated a cause of action for negligent misrepresentation because, as noted, we are limited to those theories of liability raised in the complaint. (Cf. Garcia v. Superior Court (1990) 50 Cal.3d 728, 268 Cal.Rptr. 779, 789 P.2d 960.) The theory of liability alleged in appellant's complaint was that a duty to warn arose from the special relationship between appellant and the City.
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