Employment Law
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The Elements of Fraud
The elements of fraud are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter’); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage. Lazar v. Superior Court, 12 Cal.4th 631, 638 (1996).
Material Representations in Employment Law
False representations made recklessly and without regard for their truth in order to induce action by another are the equivalent of misrepresentations knowingly and intentionally uttered. Yellow Creek Logging Cor v. Dare, 216 Cal.App.2d 50, 55 (1963), Engalla v. Permanente Medical Group, Inc., 15 Cal.4th 951, 977 (1997).A misrepresentation may be a false representation of material fact or concealment or nondisclosure of material fact. Lazar v. Superior Court, 12 Cal.4th (1996) at 638.