California, United States of America
The following excerpt is from Rival Water Well Specialty v. Hua, G043911 (Cal. App. 2012):
The elements of promissory fraud are a promise to do some act without the intent to perform to induce the other party to rely, justifiable reliance, and damages. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) Plaintiffs' quote some of defendant's trial testimony as support for the cause of action. But a review of the testimony shows that it does not plainly show defendant's intent not to perform is not as clear as plaintiffs make it out to be.
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