Kearns v. Ford Motor Co.

How courts have described this case

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

• requiring that federal courts look to state law for elements of fraud
• applying Rule 9(b) requirement to unlawful practices and unfair practices 13 prongs of the UCL
• “Where 15 fraud is not an essential element of a claim, only those allegations of a complaint which aver fraud 16 are subject to Rule 9(b)'s heightened pleading standard.”
• “Nowhere in the TAC does Kearns specify what the television advertisements or other sales material specifically stated.... Kearns also failed to specify which sales material he relied upon in making his decision to buy a CPO vehicle.”
• a plaintiff alleging fraud must 24 state with particularity the circumstances constituting fraud
• requiring plaintiffs plead who, what, when, where, and how

Source: CourtListener parenthetical corpus (CC0).