California, United States of America
The following excerpt is from Kardashian v. Hurley, B255440 (Cal. App. 2015):
Respondents' fraud claim rests on the theory Hurley had no intention of abiding by the confidentiality provision at the time he signed the release. To adequately state such a cause of action, Respondents were required to allege Hurley made a promise regarding a material fact without any intention of performing it at the time he made the promise, they reasonably relied on the promise, and they were injured. (Regus v. Schartkoff (1957) 156 Cal.App.2d 382, 389.) Respondents made a prima facie showing of fraud by submitting evidence that Hurley signed the release, they allowed him to remain at the party and appear in Keeping Up with the Kardashians, he published the video and publicized it very soon after the event, and they were harmed as a result.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.