Demurrer
Defendants Robert DeLangre and Dragon Tree, LLC’s demurrer to plaintiff’s seventh cause of action for fraud is sustained with 20 days leave to amend.
In the seventh cause of action, plaintiff alleges fraudulent concealment. To plead a fraudulent concealment claim, the plaintiff must allege: (1) the defendants concealed a material fact; (2) the defendants had a duty to disclose the fact to the plaintiff; (3) the defendants intentionally concealed the fact with the intent to defraud the plaintiff; (4) the plaintiff was unaware of the fact and would not have acted as she did if she had known of the concealed fact; and (5) as a result of the concealment of the fact, the plaintiff sustained damages. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 748.) Further, fraud must be plead with particularity rather than with “general and conclusory” allegations. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184).
In the present case, plaintiff has not adequately pled that defendants con
Hearing Date
September 23, 2019
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Demurrer
Defendants Robert DeLangre and Dragon Tree, LLC’s demurrer to plaintiff’s seventh cause of action for fraud is sustained with 20 days leave to amend.
In the seventh cause of action, plaintiff alleges fraudulent concealment. To plead a fraudulent concealment claim, the plaintiff must allege: (1) the defendants concealed a material fact; (2) the defendants had a duty to disclose the fact to the plaintiff; (3) the defendants intentionally concealed the fact with the intent to defraud the plaintiff; (4) the plaintiff was unaware of the fact and would not have acted as she did if she had known of the concealed fact; and (5) as a result of the concealment of the fact, the plaintiff sustained damages. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 748.) Further, fraud must be plead with particularity rather than with “general and conclusory” allegations. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184).
In the present case, plaintiff has not adequately pled that defendants con