BRENT BECKWITH, Plaintiff and Appellant, v. SUSAN DAHL, Defendant and Respondent., 205 Cal. App. 4th 1039

Summary

The trial court found appellant's IIEI cause of action insufficient on its face, based on its conclusion the tort was not legally recognized in California. The court held that a court should recognize the tort of IIEI as a valid cause of action if it was necessary to afford an injured plaintiff a remedy. Although appellant's complaint failed to sufficiently allege the IIEI tort, the court found that he had to be afforded an opportunity to amend the complaint if he believed he could allege the facts necessary to support an IIEI claim as delineated by the court. The court concluded that appellant's complaint alleged sufficient facts to support a claim for deceit. Appellant's complaint sufficiently alleged a false promise, and, by sufficiently pleading respondent's promise was false at the time she made it, appellant also sufficiently pled the element of scienter. Appellant also sufficiently pled actual reliance, and the complaint contained specific allegations of facts showing why ...