What is the test for an allegation of false representation or concealment of a material fact?

California, United States of America


The following excerpt is from Alyeshmerni v. MRRM LLC, B225417 (Cal. App. 2011):

occurred. It must be shown that (1) there was a false representation or concealment of a material fact susceptible of knowledge; (2) made with knowledge of the falsity or without sufficient knowledge to justify a representation; (3) made with the intent to induce the person to whom it is made to act upon it; and (4) the person must act in reliance upon the representation (5) to his damage. (Reed v. King (1983) 145 Cal.App.3d 261, 264.)

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