Defendant Traynor has demurred to the complaint of plaintiffs, Frank and Sylvia Kozlowski. Plaintiffs oppose the demurrer.
First and Second Causes of Action (negligent and intentional misrepresentation): Each element of fraud must be pled specifically; general and conclusory allegations do not suffice. (Goldrich v. Natural Y Surgical Specialties, Inc. (1994) 25 Cal.App.4th 772, 782; Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.) "Fraud must be pleaded with specificity, to provide the defendants with the fullest possible details of the charge so they are able to prepare a defense to this serious attack. To withstand a demurrer, the facts constituting every element of the fraud must be alleged with particularity, and the claim cannot be salvaged by references to the general policy favoring the liberal construction of pleadings." (Goldrich, supra, 25 Cal.App.4th at p. 782; citations omitted.) "This particularity requirement necessitates pleading facts which show how, when, where, to
Hearing Date
November 24, 2010
Category
Civil - Unlimited
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Defendant Traynor has demurred to the complaint of plaintiffs, Frank and Sylvia Kozlowski. Plaintiffs oppose the demurrer.
First and Second Causes of Action (negligent and intentional misrepresentation): Each element of fraud must be pled specifically; general and conclusory allegations do not suffice. (Goldrich v. Natural Y Surgical Specialties, Inc. (1994) 25 Cal.App.4th 772, 782; Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.) "Fraud must be pleaded with specificity, to provide the defendants with the fullest possible details of the charge so they are able to prepare a defense to this serious attack. To withstand a demurrer, the facts constituting every element of the fraud must be alleged with particularity, and the claim cannot be salvaged by references to the general policy favoring the liberal construction of pleadings." (Goldrich, supra, 25 Cal.App.4th at p. 782; citations omitted.) "This particularity requirement necessitates pleading facts which show how, when, where, to