The following excerpt is from Klepac v. CTX Mortg. Co., 2:11-cv-00752-GEB-GGH (E.D. Cal. 2012):
Rule 9(b)'s heightened pleading standard applies to "averments of fraud" in all civil cases, regardless of whether "fraud" is an essential element of the claim. Vess v. Ciba-Geigy Corp., 317 F.3d 1097, 1103 (9th Cir. 2003). Rule 9(b) prescribes the following standard for alleging fraud or mistake: "In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or
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mistake." The required specificity includes the "time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentations." Swartz v. KPMG LLP, 476 F.3d 756, 764 (9th Cir. 2007) (quotation omitted). Further, when fraud is alleged against multiple defendants,
Id. at 764-65 (internal quotations omitted).
Plaintiffs' fraud claims contain the following allegations:
(Compl. 94-95, 149-150, 152.)
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