What is the burden of pleading specifically in a fraud case?

California, United States of America


The following excerpt is from Spanish Inn, Inc. v. Nara Bank, D066487 (Cal. App. 2015):

Our Supreme Court requires fraud claims to be "pled specifically; general and conclusory allegations do not suffice." (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.) As our high court explained, "'This particularity requirement necessitates pleading facts which "show how, when, where, to whom, and by what means the representations were tendered."' [Citation.] A plaintiff's burden in asserting a fraud claim against a corporat[ion] is even greater. In such a case, the plaintiff must 'allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written.'" (Ibid.)

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