“The tort of fraud (deceit) requires a misrepresentation, knowledge of falsity, intent to induce reliance, reliance, causation and resulting damages. Fraud must be pleaded specifically. To survive demurrer, plaintiff must plead facts that ‘show how, when, where, to whom, and by what means the representations were tendered.'”
“The threshold element of misrepresentation may consist of: a knowingly false representation, concealment or nondisclosure of facts, or a promise made with no intent to perform.”
“The statute of limitations for intentional deceit is three years. The claim accrues upon discovery of the facts constituting the deceit- claim accrues when ‘plaintiff has information which would put a reasonable person on inquiry.'”
“The compensatory damages recoverable on a fraud claim depend on the nature of the transaction and the relationship of the parties. . . Punitive damages are awardable where plaintiff shows by clear and convincing evidence that defendant was guilty of oppression, fraud or malice.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
