Elizaga v. Kaiser Foundation Hospitals, Inc.

How courts have described this case

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

• holding that non-disclosure that a position “probably” or “might well” be terminated by the state medical board before the end of the implied term of employment was a misrepresentation
• holding there was liability for nondisclosure of material facts because that can be a form of misrepresentation when defendant has made representations which would be misleading without full disclosure
• holding there was liability for nondisclosure of material facts because that can be a form of misrepresentation when defendant has made representations which would be misleading without full disclosure
• stating that “nondisclosure of material facts can be a form of misrepresentation where the defendant had made representations which would be misleading without full disclosure”
• hospital could be liable for fraud for offering surgical preceptorship position to plaintiff even though defendant knew that position would be terminated shortly
• “A failure to perform a promise is not a basis for an action for fraud. Making a promise, however, with the knowledge that it probably cannot be performed or with reckless disregard whether the promissor can or cannot perform can be the basis for an action of fraud.”

Source: CourtListener parenthetical corpus (CC0).