What are the elements of a negligent misrepresentation claim?

California, United States of America


The following excerpt is from Christensen v. Superior Court (Pasadena Crematorium of Altadena), 230 Cal.App.3d 798, 271 Cal.Rptr. 360 (Cal. App. 1990):

" 'The elements of a cause of action for negligent misrepresentation are: [p] "1. The defendant must have made a representation as to a past or existing material fact; [p] 2. The representation must have been untrue; [p] 3. Regardless of his actual belief the defendant must have made the representation without any reasonable ground for believing it to be true; [p] 4. The representation must have been made with the intent to induce plaintiff to rely upon it; [p] 5. The plaintiff must have been unaware of the falsity of the representation; he must have acted in reliance upon the truth of the representation and he must have been justified in relying upon the representation; [p] 6. And, finally, as a result of his reliance upon the truth of the representation, the plaintiff must have sustained damage." [Citations.]' [Citation.]" (Christiansen v. Roddy (1986) 186 Cal.App.3d 780, 785-786, 231 Cal.Rptr. 72.)

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