What are the elements of a misrepresentation of fact for a cause of action?

California, United States of America


The following excerpt is from Sanders v. Chun, B284704 (Cal. App. 2018):

This argument does not comport with the record. The court's findings for this cause of action are the same as for the other causes of action: Defendants presented evidence that they assumed the property was permitted for four units, and nothing occurred in the five years they owned the property that suggested otherwise. The court stated that defendants presented evidence showing that they did not have "reasonable ground[s] for believing" that the property was not permitted for four units. This is a negligent misrepresentation standard. (See, e.g., Tindell v. Murphy (2018) 22 Cal.App.5th 1239, 1252 [the elements of a negligent misrepresentation include a misrepresentation of fact "without reasonable ground for believing it to be true"].) The court therefore did make findings as to this cause of action.

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