These two components include: (1) representation of an existing fact; (2) materiality; (3) falsity; (4) the speaker’s knowledge of its falsity; (5) the speaker’s intention that it will be relied upon by the plaintiff; (6) the plaintiff’s ignorance of falsity; (7) dependence; (9) right to rely; and (9) consequent damages.
The parties do not dispute that the Court is to apply the substantive law of the State of Washington in this diversity case. ——– so as to prevail on her claim for negligent misrepresentation, Plaintiff must prove by”clear, cogent, and convincing evidence” that (1) the defendant supplied information for the guidance of others in their business transactions that has been false; (2) the defendant knew or should have known that the information was provided to guide the plaintiff in business transaction; (3) the defendant was negligent in obtaining or communicating false information; (4) the plaintiff relied on the false information supplied by the suspect; (5) the plaintiff’s reliance on the false information was reasonable under the circumstances; and (6) the false information was the proximate cause of damages to the plaintiff.
Kirner. Because the court must see evidence presented on summary judgment” through the prism of the substantive evidentiary burden,” Anderson, 477 U.S. in 254, a defendant seeking summary judgment on fraud or negligent misrepresentation have to show that no reasonable factfinder could realize that the plaintiff has proven each element by clear, cogent, and convincing evidence.
PG Alaska Crab Inv. Co., LLC, 2006 WL 328400, *2 (W.D. Wash. 2006). That is, that the non-moving party has to reveal from evidence in the record that the details are in question are”highly likely.” Tiger Oil Corp. v. Yakima County., 158 Wn. App. Plaintiff is unable to satisfy this burden regarding the allegedly false statements each.
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Justifiable reliance is”dependence which has been reasonable under the surrounding states,” Lawyers Title Ins. Corp. v. Baik, 147 Wash. 2d 536, 551 (2002) (internal quotes omitted), and a”party may not be heard to state she relied upon a representation when she had no right to do so.
Under Washington law, a party can’t reasonably rely upon an oral misrepresentation when a party had an opportunity to later review the record contradicting the misrepresentation before executing it. Id.; Skagit State Bank v. Rasmussen, 109 Wash. 2d 377, 385 (1987) (“A party normally can’t escape the duty of studying the documents…”).
Consequently, she cannot demonstrate that she relied upon any previous misrepresentations regarding its own terms. Additionally, Plaintiff has failed to establish that the alleged individual misrepresentations made by Du Wors each were funny. Plaintiff hasn’t shown by clear, cogent, and convincing evidence that Du Wors’ announcement that HPVG was formed to grant citizenship pursuits was really false or her reliance on this statement was reasonable.
In p. 29; Dkt. Ex, # 80. 3. She hasn’t proven as it existed in that time, that Du Wors falsely misrepresented the nature of the firm. Further, Plaintiff’s repeated admissions that HPVG was merely a”concept” in the time of her investment instead of”a well-oiled machine” and that its connection to HPV was unsettled and fluid (see J.
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At pp. 28-29, 66-67) negate her promise that she justifiably relied on a guarantee her loan would assure her an equity interest that could confer upon her a”future economic expectancy.” FAC at 19. Additionally, to the extent that Plaintiff interpreted Du Wors’ announcement as being a promise for the”conferral of a prospective economic expectancy” (id.), the statement isn’t a representation of a present reality and consequently not actionable as a matter of legislation for either a claim of fraud or negligent misrepresentation.
King County, 164 Wash. 2d 640, 662, 192 P.3d 891 (2008) (A false guarantee doesn’t constitute the representation of a current fact.”) ; Micro Enhancement Intern., Inc. v. Coopers & Lybrand LLP, 110 Wash. App. 412, 436, 40 P.3d 1206 (2002) (“Attempting to do guarantees of future conduct can’t establish the requisite neglect for negligent misrepresentation.”) ; Havens v.
2d 158, 182, 876 P.2d 435 (1994). Likewise the second alleged misrepresentation – that Plaintiff would benefit from profit sharing between HPV and HPVG – is at a guarantee of future performance. As such, it doesn’t constitute a representation of a present reality and isn’t actionable as a matter of law.
2d at 662; Havens, 124 Wash. 2d at 182. Plaintiff attempts to avoid this result by asserting that she had been”led to think the parties had formulated and would at least attempt to execute this plan for any patent offenses that Mr. Du Wors prosecuted.” FAC in 20. Plaintiff’s fraud claim still fails based on the misrepresentation so characterized.
John Du Wors 