Defendant H.G. Fenton Company's Demurrer to Plaintiff's Complaint is sustained with leave to amend.
The demurrer to the third cause of action for fraudulent misrepresentation is sustained with leave to amend. The elements of fraud are: (1) misrepresentation; (2) knowledge of falsity (or "scienter"); (3) intent to defraud (induce reliance); (4) justifiable reliance; and, (5) resulting damage. (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184.) " 'A party claiming fraud must plead facts which show how, when, where, to whom, and by what means the representations were tendered.'" (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73.) "The requirement of specificity in a fraud action against a corporation requires the plaintiff to allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written." (Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157.)
Hearing Date
January 04, 2018
Category
Civil - Unlimited
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Defendant H.G. Fenton Company's Demurrer to Plaintiff's Complaint is sustained with leave to amend.
The demurrer to the third cause of action for fraudulent misrepresentation is sustained with leave to amend. The elements of fraud are: (1) misrepresentation; (2) knowledge of falsity (or "scienter"); (3) intent to defraud (induce reliance); (4) justifiable reliance; and, (5) resulting damage. (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184.) " 'A party claiming fraud must plead facts which show how, when, where, to whom, and by what means the representations were tendered.'" (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73.) "The requirement of specificity in a fraud action against a corporation requires the plaintiff to allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written." (Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157.)