What is the test for an action for misrepresentation of material fact?
California, United States of America
The following excerpt is from Herttua v. Am. Commercial Equities Three, LLC, D066377 (Cal. App. 2015):
"To state a cause of action for fraud, a plaintiff must plead an intentional misrepresentation of material fact with knowledge of its falsity and intent to induce reliance, actual reliance, and damages proximately caused by the reliance." (Kumaraperu v. Feldsted (2015) 237 Cal.App.4th 60, 70 (Kumaraperu).)
"The most advanced legal research software ever built."
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.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
On appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend, what is the test for admitting all material facts? (California, United States of America)
What is the duty of counsel to identify and identify triable issues of material fact in an action? (California, United States of America)
What are the rules for statements of material facts in a personal injury action? (California, United States of America)
Is there any case law where a material witness was unavailable through a state action even though the material witness had been deported? (California, United States of America)
What are the elements of a cause of action for intentional misrepresentation and negligent misrepresentation? (California, United States of America)
What cause of action exists for misrepresentation and misrepresentation? (California, United States of America)
In what circumstances have counsel been found to have concealed material facts to obtain judicial action? (California, United States of America)
How have the courts resolved the issue of reliance and misrepresentation of material facts? (California, United States of America)
What are the elements of a misrepresentation of fact for a cause of action? (California, United States of America)
