California, United States of America
The following excerpt is from Hoffman v. 162 N. Wolfe LLC, 175 Cal.Rptr.3d 820, 228 Cal.App.4th 1178 (Cal. App. 2014):
The court below concluded that the alleged implied misrepresentation that "we'll take care of it" in reference to trespassing vehicles was "too vague to be enforced." (Cf. Conrad v. Bank of America (1996) 45 Cal.App.4th 133, 156, 53 Cal.Rptr.2d 336 [borrower's vague testimony of lender's statement " [n]o problem " concerning future loan applications, and that lender "agreed to process the loan application and said he would comply" insufficient to establish false promise to make loan].) Even assuming the statement satisfied the element of making an implied misrepresentation of fact or a false promise to support the fraud cause of action alleged, like the concealment/suppression of facts claim, the Hoffmans' misrepresentation claim fails because the record shows no justifiable reliance.
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