What is the test for a fraudulent misrepresentation claim?

California, United States of America


The following excerpt is from Novak v. Jacobs Eng'g Grp., Inc., B278964 (Cal. App. 2018):

In order to prevail on a claim of fraudulent misrepresentation, appellant must show: (1) a misrepresentation; (2) knowledge of falsity; (3) intent to defraud; (4) justifiable reliance; and (5) resulting damage. (Gil v. Bank of America, N.A. (2006) 138 Cal.App.4th 1371, 1381.)

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