“Negligent misrepresentation consists of the assertion, as a fact, of something that is not true by one who lacks reasonable grounds for believing it to be true. The elements of a claim for negligent misrepresentation are a misrepresentation of fact, lack of reasonable grounds, a duty to plaintiff, intent to induce reliance, reliance, causation and harm. . . Negligent misrepresentation requires a positive assertion, not merely an omission or implied representation.”
“The statute of limitations for negligent misrepresentation is two years. [The statute of limitations for intentional deceit is three years. The limitations period for an action to rescind a written contract by reason of fraud is four years. Action to rescind oral contract subject to two-year limitations period.] A claim for negligent misrepresentation accrues upon discovery of the facts constituting the deceit.”
“Plaintiff may recover for all harm proximately caused by defendant’s wrongful acts. Punitive damages not available.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
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