California, United States of America
The following excerpt is from Rogers v. Wells Fargo Bank, N.A., A141416 (Cal. App. 2015):
Nevertheless, to the extent plaintiff's negligence claim was premised on alleged "negligent misrepresentations" made during the course of the loan modification process, the claim was still defective. Negligent misrepresentation is a species of fraud or deceit. Given that, such a claim must be pleaded with heightened specificity. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184 [shareholder's action for negligent misrepresentation must be pleaded with particularity]; Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 230-231 [both negligent and intentional misrepresentation claims require particularized pleading].) As discussed in connection with her fraud and deceit claims, plaintiff failed to plead the elements of such a claim with the requisite specificity. Accordingly, the negligence-based claims were also properly dismissed.
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