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Pritchett v. Avon Products11/18/2002
ements or otherwise) or orally (by executives or sales representatives or others) or by one or all of the defendants. Reliance is alleged in equally insufficient terms, with no explanation about how Mrs. Goldrich could have relied upon something she cannot now describe in any fashion." (Goldrich, supra, 25 Cal.App.4th at p. 783.)
The allegations here are more specific. Pritchett alleged that in written materials Avon represented the product had been tested and was safe. She further alleged she relied on the representations because she trusted Avon and had no other information about the product. The factual allegations in her complaint distinguish it from that in Goldrich. It was error to sustain a demurrer to the fraud claim.
DISPOSITION
The judgment is reversed. We direct the trial court to vacate its order dismissing the complaint and to issue an order overruling the demurrer to the fraud claim. The parties shall bear their own costs on appeal.
We concur:
CALLAHAN, J.
KOLKEY, J.
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