Pravati Capital LLC vs Anderson

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The general Demurrer (ROA # 95) of Plaintiff and Cross-Defendant Pravati Capital, LLC ("Plaintiff" or "Pravati") to the third cause of action alleged in the First Amended Cross-Complaint ("FAC-C") filed by Defendant and Cross-Complainant Richard D. Anderson ("Defendant" or "Anderson"), is OVERRULED. Cross-Defendant is ordered to file and serve its answer within twenty (20) days of this hearing. Plaintiff's Request (ROA # 96) for judicial notice is GRANTED.

The elements of fraud are: (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity; (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage. Lazar v. Superior Court (1996) 12 Cal. 4th 631, 638. A misrepresentation need not be oral; it may be implied by conduct. Thrifty-Tel, Inc. v. Bezenek (1996) 46 Cal. App. 4th 1559, 1567 (unauthorized use of a telephone access code constitutes misrepresentation). Fraud must be pled specifi........

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