Is a plaintiff required to be specific in an action for misrepresentation?

California, United States of America


The following excerpt is from Rau v. PNC Bank, B278898 (Cal. App. 2017):

with the same specificity required in a[n] . . . action for fraud." (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184.) Where, as here, fraud or negligent misrepresentation is alleged against a corporation or other collective entity, the plaintiff is obligated to "allege the names of the persons who made the alleged [misrepresentations], their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written." (Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is a plaintiff required to state a specific cause of action? (California, United States of America)
How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)
What is the test for a motion requiring a plaintiff to furnish security in a vexatious litigant action? (California, United States of America)
On remand, in what circumstances will the trial court order that a plaintiff be entitled to the same amount of compensation as a plaintiff in a class action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Can plaintiffs amend to state a cause of action for negligent misrepresentation? (California, United States of America)
Can a plaintiff in an inverse condemnation action bring a claim against the state for the costs of defending the action? (California, United States of America)
Is a criminal plaintiff required to obtain post conviction relief to avoid the statute of limitations bar in a professional malpractice action? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.