What are the elements of a constructive fraud claim?
California, United States of America
The following excerpt is from Lu v. Deng, H037860 (Cal. App. 2014):
The elements of a cause of action for constructive fraud are (1) the existence of a fiduciary relationship, (2) nondisclosure, that is, breach of the fiduciary duty, (3) intent to deceive , and (4) reliance and resulting injury. (Stokes v. Henson (1990) 217 Cal.App.3d 187, 197.)
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