Actual fraud, within the meaning of this part, consists in any of the following acts
committed by a party to the contract or with the party's connivance with intent to
deceive another party to the contract or to induce the other party to enter into the
(1) the suggestion as a fact of that which is not true by one who does not believe
it to be true;
(2) the positive assertion, in a manner not warranted by the information of the person
making it, of that which is not true, though the person believes it to be true;
(3) the suppression of that which is true by one having knowledge or belief of the
(4) a promise made without any intention of performing it; or
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