Non-disclosure is ordinarily not actionable unless the defendant has some duty to disclose. See Schaefer v. Robbins Keehn, LLP., 2007 WL 935543 at *4 (S.D.Cal.). Focusing on the alleged misrepresentation that the only way to save the Property from foreclosure was to sell the Property to a strawperson or Sasun, the first element of intentional misrepresentation is met because Plaintiffs proved that Aram represented to Plaintiffs that the only way to save the Property was to sell it to a strawperson. Plaintiffs also proved the second element, that the representation was false.
Non-disclosure is ordinarily not actionable unless the defendant has some duty to disclose. See Schaefer v. Robbins & Keehn, LLP., 2007 WL 935543 at 4 (S.D. Cal.). Focusing on the alleged misrepresentation that the only way to save the Property from foreclosure was to sell the Property to a strawperson or Sasun, the first element of intentional misrepresentation is met because Plaintiffs proved that Aram represented to Plaintiffs that the only way to save the Property was to sell it to a strawperson. Plaintiffs also proved the second element, that the representation was false.