particularity requirement in California

2026To state a cause of action for fraud, a plaintiff must allege “ ‘(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 (1996) 12 Cal.4th 631, 638 ; see Amiodarone Cases (2022) 84 Cal.App.5th 1091 , 1109.) Each element “must be pled specifically; general and conclusory allegations do not suffice.” (Lazar, at p. 645; see Amiodarone Cases, at p. 1109.) “ ‘ “This particularity requirement necessitates plead

2026To withstand a demurrer, the facts constituting every element of the fraud must be alleged with particularity . . . . [Citation.] Even in a case involving numerous oft-repeated misrepresentations, the plaintiff must, at a minimum, set out a representative selection of the alleged misrepresentations sufficient to permit the trial court to ascertain whether the statements were material and otherwise 18 actionable.” (Goldrich v. Natural Y Surgical Specialties, Inc. (1994) 25 Cal.App.4th 772, 782-783 .) “ ‘This particularity requirement necessitates pleading facts which “show how, when, where, to

2016By limiting the authorization to search to the specific areas and things for which there is probable cause to search, the requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.’” (Amador, supra, 24 Cal.4th at p. 392 ; accord, Maryland v. Garrison (1987) 480 U.S. 79, 84 [ 107 S.Ct. 1013, 1016 , 94 L.Ed.2d 72 ].) 4 To satisfy the particularity requirement, “[c]omplete precision in describing the place to be searched is not required.” (Amador, supra, 24 Cal.

2016By limiting the authorization to search to the specific areas and things for which there is probable cause to search, the requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.’” (Amador, supra, 24 Cal.4th at p. 392 ; accord, Maryland v. Garrison (1987) 480 U.S. 79, 84 [ 107 S.Ct. 1013, 1016 , 94 L.Ed.2d 72 ].) 4 To satisfy the particularity requirement, “[c]omplete precision in describing the place to be searched is not required.” (Amador, supra, 24 Cal.

2026(Rattagan, supra, 17 Cal.5th at p. 43; Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 993 .) “‘This particularity requirement necessitates pleading facts which “show how, when, where, to whom, and by what means the representations were tendered.”’” (Rattagan, at p. 43.) “California courts apply th[is] same specificity standard to evaluate the factual underpinnings of a fraudulent concealment claim at the pleading stage, even though the focus of inquiry shifts to the unique elements of the claim.” (Ibid.) “[T]he complaint must [therefore] include specific allegations establi

2026To state a cause of action for fraud, a plaintiff must allege “ ‘(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 (1996) 12 Cal.4th 631, 638 ; see Amiodarone Cases (2022) 84 Cal.App.5th 1091 , 1109.) Each element “must be pled specifically; general and conclusory allegations do not suffice.” (Lazar, at p. 645; see Amiodarone Cases, at p. 1109.) “ ‘ “This particularity requirement necessitates plead

2026(Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 .) “This particularity requirement necessitates pleading facts which ‘show how, when, where, to whom, and by what means the representations were tendered.’ ” (Ibid.) In his intentional misrepresentation claim, Nownejad alleged that Ralidis intentionally misrepresented to him the following: (1) Ralidis adequately investigated, researched, evaluated, verified, vetted, or advised Nownejad of the correct law and facts and the risks contemplated with bringing claims against the defendants in the malpractice action, and the claims asserted in the p

2023The effect of this rule is twofold: (a) General pleading of the legal conclusion of “fraud” is insufficient; the facts constituting the fraud must be alleged. (b) Every element of the cause of action for fraud must be alleged in the proper manner (i.e., factually and specifically), and the policy of liberal construction of the pleadings . . . will not ordinarily be invoked to sustain a pleading defective in any material respect.’ ” (Committee on 11 Children’s Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 216 .) “This particularity requirement necessitates pleading facts which ‘

2025(Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184 .) “The particularity requirement demands that a plaintiff plead facts which ‘“‘show how, when, where, to whom, and by what means the representations were tendered.’”’” (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1469 (Cansino).) “An action for relief on the grounds of fraud or mistake must be commenced within three years.

2024The first is notice to the defendant, to ‘furnish the defendant with certain definite charges which can be intelligently met.’ ” (Committee on Children’s Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 216 .) Second, “the pleading should be sufficient ‘ “to enable the court to determine whether, on the facts pleaded, there is any foundation, prima facie at least, for the charge of fraud.” ’ ” (Id. at p. 217.) “ ‘ “Thus ‘ “the policy of liberal construction of the pleadings . . . will not ordinarily be invoked to sustain a pleading defective in any material respect.” ’ [Citation.]

2016Co. (1991) 2 Cal.App.4th 153, 157 (Tarmann).) In the context of a fraud pleading, "general and conclusory allegations do not suffice. [Citations.] 'Thus " 'the policy of liberal construction of the pleadings . . . will not ordinarily be invoked to sustain a pleading defective in any material respect." ' [Citation.] [¶] This particularity requirement necessitates pleading facts which "show how, when, where, to whom, and by what means the representations were tendered." ' " ( Lazar, supra, 12 Cal.4th 631, 645 .) A plaintiff is held to a higher standard in asserting a fraud claim against a corpor

2013Co. (1991) 2 Cal.App.4th 153, 158-159 [ 2 Cal.Rptr.2d 861 ] (Tarmann) [broken promise of future action may be actionable].) In evaluating the sufficiency of promissory fraud allegations, the court applies the following rule: “In California, fraud must be pled specifically; general and conclusory allegations do not suffice. [Citations.] ‘Thus “ ‘the policy of liberal construction of the pleadings . . . will not ordinarily be invoked to sustain a pleading defective in any material respect.’ ” [Citation.] [¶] This particularity requirement necessitates pleading facts which “show how, when, where

2025(Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184 .) “The particularity requirement demands that a plaintiff plead facts which ‘“‘show how, when, where, to whom, and by what means the representations were tendered.’”’” (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1469 (Cansino).) “An action for relief on the grounds of fraud or mistake must be commenced within three years.

2024The first is notice to the defendant, to ‘furnish the defendant with certain definite charges which can be intelligently met.’ ” (Committee on Children’s Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 216 .) Second, “the pleading should be sufficient ‘ “to enable the court to determine whether, on the facts pleaded, there is any foundation, prima facie at least, for the charge of fraud.” ’ ” (Id. at p. 217.) “ ‘ “Thus ‘ “the policy of liberal construction of the pleadings . . . will not ordinarily be invoked to sustain a pleading defective in any material respect.” ’ [Citation.]

2016By limiting the authorization to search to the specific areas and things for which there is probable cause to search, the requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.’” (Amador, supra, 24 Cal.4th at p. 392 ; accord, Maryland v. Garrison (1987) 480 U.S. 79, 84 [ 107 S.Ct. 1013, 1016 , 94 L.Ed.2d 72 ].) 4 To satisfy the particularity requirement, “[c]omplete precision in describing the place to be searched is not required.” (Amador, supra, 24 Cal.

2016By limiting the authorization to search to the specific areas and things for which there is probable cause to search, the requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.’” (Amador, supra, 24 Cal.4th at p. 392 ; accord, Maryland v. Garrison (1987) 480 U.S. 79, 84 [ 107 S.Ct. 1013, 1016 , 94 L.Ed.2d 72 ].) 4 To satisfy the particularity requirement, “[c]omplete precision in describing the place to be searched is not required.” (Amador, supra, 24 Cal.

2016(Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 74 ; Nagy v. Nagy (1989) 210 Cal.App.3d 1262, 1268 ; 5 Witkin, Cal. Procedure (3d ed. 1985) Pleading, § 662, pp. 111-112.) 'Thus " 'the policy of liberal construction of the pleadings ... will not ordinarily be invoked to sustain a pleading defective in any material respect.' " [Citation.] [¶] This particularity requirement necessitates pleading facts which "show how, when, where, to whom, and by what means the representations were tendered." ' (Stansfield, supra, 220 Cal.App.3d at p. 73 , italics in original.) A plaintiff's burden in asserting

2013(Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 74 [ 269 Cal.Rptr. 337 ]; Nagy v. Nagy (1989) 210 Cal.App.3d 1262, 1268 [ 258 Cal.Rptr. 787 ]; 5 Witkin, Cal. Procedure (3d ed. 1985) Pleading, § 662, pp. 111-112.) ‗Thus ―‗the policy of liberal construction of the pleadings . . . will not ordinarily be invoked to sustain a pleading defective in any material respect.‖‘ [Citation.] [¶] This particularity requirement necessitates pleading facts which ―show how, when, where, to whom, and by what means the representations were tendered.‖‘ (Stansfield, supra, 220 Cal.App.3d at p. 73 , italics in orig

2024As 13 The exceptions to this requirement are not applicable here. 10 to what is to be taken, nothing is left to the discretion of the officer executing the warrant.” (Marron v. United States (1927) 275 U.S. 192, 196 (Marron).) “The manifest purpose of this particularity requirement was to prevent general searches.

2010However, the intent of the particularity requirement is to “prevent[] the seizure of one thing under a warrant describing another,” and to ensure that “nothing is left to the discretion of the officer executing the warrant.” (Marron v. United States (1927) 275 U.S. 192, 196 [ 72 L.Ed. 231 , 48 S.Ct. 74 ].) The requirement of particularity is satisfied and preserved by incorporation of a suspect’s unique DNA profile in an arrest warrant.

2023McCann v. Bank of America, N.A. (2011) 191 Cal.App.4th 897, 906 (McCann).) “ ‘Every element of the cause of action for fraud must be alleged in the proper manner (i.e., factually and specifically).’ ” (Committee on Children’s Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 216 .) This particularity requirement “necessitates pleading facts which ‘show how, when, where, to whom, and by what means’ ” the false representations were made.

2023McCann v. Bank of America, N.A. (2011) 191 Cal.App.4th 897, 906 (McCann).) “ ‘Every element of the cause of action for fraud must be alleged in the proper manner (i.e., factually and specifically).’ ” (Committee on Children’s Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 216 .) This particularity requirement “necessitates pleading facts which ‘show how, when, where, to whom, and by what means’ ” the false representations were made.

2016(Amador, at p. 392 [“[m]any cases have upheld warrant searches despite errors in the description of the place to be searched” or the wrong address]; People v. Superior Court (Fish) (1980) 101 Cal.App.3d 218, 222 [“‘[a] mistaken address does not invalidate a warrant per se’”]; People v. Lovett (1978) 82 Cal.App.3d 527, 531 [same].) “When the warrant contains an inaccurate description, ‘[t]he test for determining the sufficiency of the description of the place to be searched is whether the place to be searched is described with sufficient particularity as to enable the executing officer to locat

2014By limiting the authorization to search to the specific areas and things for which there is probable cause to search, the requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.’ (Maryland v. Garrison (1987) 480 U.S. 79, 84 .) This 7 purpose—to limit the search authorization to things and areas for which probable cause exists and avoid exploratory searches—must be kept in mind in determining the validity of a warrant containing an inaccurate description of

2026(Rattagan, supra, 17 Cal.5th at p. 43; Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 993 .) “‘This particularity requirement necessitates pleading facts which “show how, when, where, to whom, and by what means the representations were tendered.”’” (Rattagan, at p. 43.) “California courts apply th[is] same specificity standard to evaluate the factual underpinnings of a fraudulent concealment claim at the pleading stage, even though the focus of inquiry shifts to the unique elements of the claim.” (Ibid.) “[T]he complaint must [therefore] include specific allegations establi

2026“General and conclusory allegations are inadequate. . . . ‘[B]ecause allegations of fraud involve a serious attack on character, fairness requires that the defendant receive the fullest possible details of the charge to prepare a defense.’ . . . ‘ “ ‘This particularity requirement necessitates pleading facts which “show how, when, where, to whom, and by what means the representations were tendered.” ’ ” ’ ” (Lauckhart v. El Macero Homeowners Assn. (2023) 92 Cal.App.5th 889 , 903-904, citations omitted; see also id. at p. 903 [setting forth elements for intentional misrepresentation claim to be

2025(Patton, supra, 17 Cal.5th at p. 564.) “Where facts from the record of conviction are undisputed, accepting them over contrary legal allegations that are merely conclusory is not ‘ “factfinding involving the weighing of evidence or the exercise of discretion.” ’ ” (Id. at pp. 565–566.) The Court pointed again to the similarity of habeas proceedings, explaining that the particularity requirement imposed on habeas petitioners “helps courts identify ‘material issues of disputed fact.’ [Citation.] It does not impose ‘technicalities; it 7 simply demands of [the petitioner] a measure of frankness in

2025(Patton, supra, 17 Cal.5th at p. 564.) “Where facts from the record of conviction are undisputed, accepting them over contrary legal allegations that are merely conclusory is not ‘ “factfinding involving the weighing of evidence or the exercise of discretion.” ’ ” (Id. at pp. 565–566.) The Court pointed again to the similarity of habeas proceedings, explaining that the particularity requirement imposed on habeas petitioners “helps courts identify ‘material issues of disputed fact.’ [Citation.] It does not impose ‘technicalities; it 7 simply demands of [the petitioner] a measure of frankness in

2024(See, e.g., United States v. Palms (10th Cir. 2021) 21 F.4th 689, 700 (Palms) [“warrant’s limitation to evidence of the crime of human trafficking satisfied the Fourth Amendment’s particularity requirement. [Fn. omitted.]”]; United States v. Cobb (4th Cir. 2020) 970 F.3d 319 , 329 (Cobb) [“ ‘a warrant may satisfy the particularity requirement either by identifying the items to be seized by reference to a suspected criminal offense or by describing them in a manner that allows an executing officer to know precisely what he [or she] has been authorized to search for and seize.’ [Citation.] The w

2023(Ibid.; see United States v. Palms (10th Cir. 2021) 21 F.4th 689, 700 [as to search of defendant’s cell phone, “the warrant’s limitation to evidence of the crime of human trafficking satisfied the Fourth Amendment’s particularity requirement”]; United States v. Hall (7th Cir. 1998) 142 F.3d 988, 996-997 [“we 8 hold that the search warrants were written with sufficient particularity because the items listed on the warrants were qualified by phrases that emphasized that the items sought were those related to child pornography”]; United States v. Castro (6th Cir. 2018) 881 F.3d 961, 965 [“A warra

2024(See, e.g., United States v. Palms (10th Cir. 2021) 21 F.4th 689, 700 (Palms) [“warrant’s limitation to evidence of the crime of human trafficking satisfied the Fourth Amendment’s particularity requirement. [Fn. omitted.]”]; United States v. Cobb (4th Cir. 2020) 970 F.3d 319 , 329 (Cobb) [“ ‘a warrant may satisfy the particularity requirement either by identifying the items to be seized by reference to a suspected criminal offense or by describing them in a manner that allows an executing officer to know precisely what he [or she] has been authorized to search for and seize.’ [Citation.] The w

2023(Ibid.; see United States v. Palms (10th Cir. 2021) 21 F.4th 689, 700 [as to search of defendant’s cell phone, “the warrant’s limitation to evidence of the crime of human trafficking satisfied the Fourth Amendment’s particularity requirement”]; United States v. Hall (7th Cir. 1998) 142 F.3d 988, 996-997 [“we 8 hold that the search warrants were written with sufficient particularity because the items listed on the warrants were qualified by phrases that emphasized that the items sought were those related to child pornography”]; United States v. Castro (6th Cir. 2018) 881 F.3d 961, 965 [“A warra

2024By limiting the authorization to search to the specific areas and things for which there is probable cause to search, the requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.” (Maryland v. Garrison (1987) 480 U.S. 79, 84 (Garrison).) In furtherance of these protections, our courts have held “that in determining the property to be seized pursuant to a warrant, we are confined to the four corners of the warrant.” (Thompson v. Superior Court (1977) 70 Cal.

2019The particularity requirement of the Fourth Amendment helps to ensure that a search or seizure ‘will not take on the character of the wide-ranging exploratory searches [or seizures] the Framers intended to prohibit.’ [Citation.] . . . [¶] However, a warrant ‘need only be reasonably specific’ [citation], and ‘the specificity required “varies depending on the circumstances of the case and the type of items involved.” ’ [Citations.] The constitutional and statutory requirements of particularity are satisfied if the warrant ‘imposes a meaningful restriction upon the objects to be seized.’ [Citatio

2024(Id. at pp. 995-996.) The court held that “the search warrants were written with sufficient particularity because the items listed on the warrants were qualified by phrases that emphasized that the items sought were those related to child pornography,” and thus, “[p]olice officers executing the warrants were not unguided and free to rummage through Hall’s property.” (Id. at pp. 996-997, fn. omitted.) 33 “Exclusion of evidence due to a Fourth Amendment violation is not automatic.” (People v. Macabeo (2016) 1 Cal.5th 1206, 1219 (Macabeo).) “The exclusionary rule applies only ‘where its deterrenc

2019The particularity requirement of the Fourth Amendment helps to ensure that a search or seizure ‘will not take on the character of the wide-ranging exploratory searches [or seizures] the Framers intended to prohibit.’ [Citation.] . . . [¶] However, a warrant ‘need only be reasonably specific’ [citation], and ‘the specificity required “varies depending on the circumstances of the case and the type of items involved.” ’ [Citations.] The constitutional and statutory requirements of particularity are satisfied if the warrant ‘imposes a meaningful restriction upon the objects to be seized.’ [Citatio

2023(See People v. Weiss (1999) 20 Cal.4th 1073, 1082 .) “‘The manifest purpose of this particularity requirement [is] to prevent general searches.

2023(See People v. Weiss (1999) 20 Cal.4th 1073, 1082 .) “‘The manifest purpose of this particularity requirement [is] to prevent general searches.

2016By limiting the authorization to search to the specific areas and things for which there is probable cause to search, the requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.’” (Amador, supra, 24 Cal.4th at p. 392 ; accord, Maryland v. Garrison (1987) 480 U.S. 79, 84 [ 107 S.Ct. 1013, 1016 , 94 L.Ed.2d 72 ].) 4 To satisfy the particularity requirement, “[c]omplete precision in describing the place to be searched is not required.” (Amador, supra, 24 Cal.

2016By limiting the authorization to search to the specific areas and things for which there is probable cause to search, the requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.’” (Amador, supra, 24 Cal.4th at p. 392 ; accord, Maryland v. Garrison (1987) 480 U.S. 79, 84 [ 107 S.Ct. 1013, 1016 , 94 L.Ed.2d 72 ].) 4 To satisfy the particularity requirement, “[c]omplete precision in describing the place to be searched is not required.” (Amador, supra, 24 Cal.

2024(See, e.g., United States v. Palms (10th Cir. 2021) 21 F.4th 689, 700 (Palms) [“warrant’s limitation to evidence of the crime of human trafficking satisfied the Fourth Amendment’s particularity requirement. [Fn. omitted.]”]; United States v. Cobb (4th Cir. 2020) 970 F.3d 319 , 329 (Cobb) [“ ‘a warrant may satisfy the particularity requirement either by identifying the items to be seized by reference to a suspected criminal offense or by describing them in a manner that allows an executing officer to know precisely what he [or she] has been authorized to search for and seize.’ [Citation.] The w

2023(Ibid.; see United States v. Palms (10th Cir. 2021) 21 F.4th 689, 700 [as to search of defendant’s cell phone, “the warrant’s limitation to evidence of the crime of human trafficking satisfied the Fourth Amendment’s particularity requirement”]; United States v. Hall (7th Cir. 1998) 142 F.3d 988, 996-997 [“we 8 hold that the search warrants were written with sufficient particularity because the items listed on the warrants were qualified by phrases that emphasized that the items sought were those related to child pornography”]; United States v. Castro (6th Cir. 2018) 881 F.3d 961, 965 [“A warra

2024(See Cobb, supra, 970 F.3d at p. 329 [“ ‘a warrant may satisfy the particularity requirement either by identifying the items to be seized by reference to a suspected criminal offense or by describing them in a manner that allows an executing officer to know precisely what he [or she] has been authorized to search for and seize.’ [Citation.] The warrant need not satisfy both criteria. [Citation.]”.) As Gonzalez’s probable cause statement stated, non-timestamped files may contain evidence relevant to the time period specified in the warrant, as metadata can be stripped from files.

2024(See, e.g., United States v. Palms (10th Cir. 2021) 21 F.4th 689, 700 (Palms) [“warrant’s limitation to evidence of the crime of human trafficking satisfied the Fourth Amendment’s particularity requirement. [Fn. omitted.]”]; United States v. Cobb (4th Cir. 2020) 970 F.3d 319 , 329 (Cobb) [“ ‘a warrant may satisfy the particularity requirement either by identifying the items to be seized by reference to a suspected criminal offense or by describing them in a manner that allows an executing officer to know precisely what he [or she] has been authorized to search for and seize.’ [Citation.] The w

2023(United States 23 v. Snow (D.AZ, Oct. 9, 2019, CR 18-1796-TUC-JGZ) 2019 U.S. Dist. Lexis 230128, p. *11.) The particularity requirement—that a warrant particularly describe the place to be searched and the persons or things to be seized—renders a general, exploratory search impossible by preventing “ ‘the seizure of one thing under a warrant describing another’ ” and leaving “ ‘nothing to the discretion of the officer executing the warrant.’ ” (Stanford v. Texas (1965) 379 U.S. 476, 485 .) The particularity requirement prevents the government from exercising “unbridled authority” under the war

1984(Stanford v. Texas (1965) 379 U.S. 476, 481 [ 13 L.Ed.2d 431, 434 , 85 S.Ct. 506 ]; Berger v. New York (1967) 388 U.S. 41, 53 [ 18 L.Ed.2d 1040, 1049 , 87 S.Ct. 1873 ].) Applying the rule to the facts of the case before us, it is evident the affidavit may not be considered.