What is the test for pleading under Rule 9(b)?
MultiRegion, United States of America
The following excerpt is from Empl. Ins. of Wausau v. Musick, Peeler & Garrett, 871 F. Supp. 381 (S.D. Cal. 1994):
Under Rule 9(b), the plaintiff must plead with particularity the time, place and nature of the fraud. See Wool v. Tandem Computers Inc., 818 F.2d 1433, 1439 (9th Cir.1987). The purpose of the rule is to identify "the circumstances constituting fraud so that the defendant can prepare an adequate answer from the allegations." Id.
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