California, United States of America
The following excerpt is from AREI Colonnade 1, LLC v. Stewart Title Guar. Co., A131734 (Cal. App. 2013):
9. It is unclear whether appellants intend to state a cause of action for fraudulent nondisclosure, fraudulent concealment, or both. Although their cause of action is nominally one for fraudulent nondisclosure, they rely on case law addressing fraudulent concealment. "The elements of a cause of action for damages for fraud based on mere nondisclosure and involving no confidential relationship" are: "(1) Nondisclosure by the defendant of facts materially affecting the value or desirability of the property; (2) Defendant's knowledge of such facts and of their being unknown to or beyond the reach of the plaintiff; (3) Defendant's intention to induce action by the plaintiff; (4) Inducement of the plaintiff to act by reason of the nondisclosure and (5) Resulting damages. [Citations.]" (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 738.) A cause of action for fraudulent concealment requires an allegation that the defendant owed a duty to disclose the concealed fact. (Levine v. Blue Shield of California (2010) 189 Cal.App.4th 1117, 1126-1127.) Our analysis does not turn on whether appellants intended to state a cause of action for fraudulent nondisclosure or fraudulent concealment. As we explain, under either theory, they have failed to state a viable cause of action.
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