Apollo Capital Fund, LLC v. Roth Capital Partners, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding \elements of negligent misrepresentation\ include \the misrepresentation 20 of a past or existing material fact\ and \justifiable reliance on the misrepresentation\
• noting that a “positive assertion is required” to prevail on a misrepresentation claim; “an omission or an implied assertion . . . is not sufficient”
• Recognizing imposition of a fiduciary obligation requires a person either 10 knowingly undertakes to act on behalf of and for the benefit of another or enters into a 11 relationship which imposes the duty as a matter of law.
• Recognizing imposition 11 of a fiduciary obligation requires a person either knowingly undertakes to act on behalf of 12 and for the benefit of another or enters into a relationship which imposes the duty as a 13 matter of law.
• granting leave to plead additional facts about the pre-existing relationship between the plaintiff and the 26 individual financial adviser
• “Section 25501 on its face requires privity between the plaintiff and the defendant.”

Source: CourtListener parenthetical corpus (CC0).