What are the elements of constructive fraud and fraudulent concealment?

California, United States of America


The following excerpt is from Sabadia v. Holland & Knight LLP, B242773 (Cal. App. 2018):

In the case of constructive fraud and fraudulent concealment, the two showings are controlled by elements common to fraud claims. Broadly speaking, "there are two causation elements in a fraud cause of action. First, the plaintiff's actual and justifiable reliance on the defendant's misrepresentation must have caused him to take a detrimental course of action. Second, the detrimental action taken by the plaintiff must have caused his alleged damage." (Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1062.)

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