Instruction 1900 [Intentional Misrepresentation]:
The plaintiff claims that the defendant made a false representation that harmed her. To establish this claim, the plaintiff must prove all of the following:
1. That the defendant represented to the plaintiff that a fact was true;
2. That the defendant’s representation was false;
3. That the defendant knew that the representation was false when he made it, or that he made the representation recklessly and without regard for its truth;
4. That the defendant intended that the plaintiff rely on the representation;
5. That the plaintiff reasonably relied on the defendant’s representation;
6. That the plaintiff was harmed; and
7. That the plaintiff’s reliance on the defendant’s representation was a substantial factor in causing her harm.
Instruction 1901 [Concealment]:
The plaintiff claims that she was harmed because the defendant concealed certain information. To establish this claim, the plaintiff must prove all of the following:
[1. (a) That the defendant and the plaintiff were in a fiduciary relationship; and
(b) That the defendant intentionally failed to disclose certain facts to the platiniff;]
[or]
[1. That the defendant disclosed some facts to the plaintiff but intentionally failed to disclose other facts, making the disclosure deceptive;]
[or]
[1. That the defendant intentionally failed to disclose certain facts that were known only to him and that the plaintiff could not have discovered;]
[or]
[1. That the defendant prevented the plaintiff from discovering certain facts;]
2. That the plaintiff did not know of the concealed facts;
3. That the defendant intended to deceive the plaintiff by concealing the facts;
4. That had the omitted information been disclosed, the plaintiff reasonably would have behaved differently;
5. That the plaintiff was harmed; and
6. That the defendant’s concealment was a substantial factor in causing the plaintiff’s harm.
Instruction 1902 [False Promise]:
The plaintiff claims she was harmed because the defendant made a false promise. To establish this claim, the plaintiff must prove all of the following:
1. That the defendant made a promise to the plaintiff;
2. That the defendant did not intend to perform this promise when she made it;
3. That the defendant intended that the plaintiff rely on this promise;
4. That the plaintiff reasonably relied on the defendant’s promise;
5. That the defendant did not perform the promised act;
6. That the plaintiff was harmed; and
7. That the plaintiff’s reliance on the defendant’s promise was a substantial factor in causing her harm.
Instruction 1903 [Negligent Misrepresentation]:
The plaintiff claims she was harmed because the defendant negligently misrepresented a fact. To establish this claim, the plaintiff must prove all of the following:
1. That the defendant represented to the plaintiff that a fact was true;
2. That the defendant’s representation was not true;
3. That although the defendant may have honestly believed that the representation was true, the defendant had no reasonable grounds for believing the representation was true when he made it;
4. That the defendant intended that the plaintiff rely on this representation;
5. That the plaintiff reasonably relied on the defendant’s representation;
6. That the plaintiff was harmed; and
7. That the plaintiff’s reliance on the defendant’s representation was a substantial factor in causing her harm.
Instruction 1904 [Opinions as Statements of Fact]:
Ordinarily, an opinion is not considered a representation of fact. An opinion is a person’s belief that a fact exists, a statement regarding a future event, or a judgment about quality, value, authenticity, or similar matters. However, the defendant’s opinion is considered a representation of fact if the plaintiff proves that:
[The defendant claimed to have special knowledge about the subject matter that the plaintiff did not have;] [or]
[The defendant made a representation, not as a casual expression of belief, but in a way that declared the matter to be true;] [or]
[The defendant had a relationship of trust and confidence with the plaintiff;] [or]
[The defendant had some other special reason to expect that the plaintiff would rely on the defendant’s opinion.]
Instruction 1906 [Misrepresentations Made to Persons Other Than the Plaintiff]:
The defendant is responsible for a representation that was not made directly to the plaintiff if he made the representation to a group of persons including the plaintiff or to another person, intending or reasonably expecting that it would be repeated to the plaintiff.
Instruction 1907 [Reliance]:
The plaintiff relied on the defendant’s misrepresentation/concealment/false promise if:
1. The misrepresentation/concealment/false promise substantially influenced her to [insert brief description of the action, e.g., “buy the house”]; and
2. She would probably not have [e.g., bought the house] without the misrepresentation/concealment/false promise.
It is not necessary for a misrepresentation/concealment/false promise to be the only reason for the plaintiff’s conduct.
Instruction 1908 [Reasonable Reliance]:
In determining whether the plaintiff’s reliance on the misrepresentation/concealment/false promise was reasonable, she must first prove that the matter was material. A matter is material if a reasonable person would find it important in deciding what to do.
If you decide that the matter is material, you must then decide whether it was reasonable for the plaintiff to rely on the misrepresentation/concealment/false promise. In making this decision, take into consideration the plaintiff’s intelligence, knowledge, education, and experience.
However, it is not reasonable for anyone to rely on a misrepresentation/concealment/false promise that is preposterous. It also is not reasonable for anyone to rely on a misrepresentation/concealment/false promise if facts that are within her observation show that it is obviously false.
[Judicial Council Of California Civil Jury Instructions]
