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3859 DEPUBLISHED Allegations that defendants concealed the fact that the repair methodology they recommended was inappropriate were sufficient to plead misrepresentation of fact; a party to a transaction who has exclusive knowledge of material facts and is aware those facts are not known to the other party may have a duty to disclose them; liability for negligent misrepresentation can not be premised on an implied representation or on concealment, but an expression of professional opinion may be regarded as a positive assertion of fact; agents can not be liable for conspiring with their principles, but can be liable as joint tortfeasors when conspiring with each other as individuals for their individual advantage; negligent performance of a contract to rebuild part of a structure may lead to tort liability for resulting damage to the entire structure.CitationSHEKHTER v SENECA (Half Building) 121 CA4 1055 [See: LiMandri v Judkins 52 Cal.App.4th 326, T/AT 3/97; Wilson v Century 21 15 Cal.App.4th 298, T/AT 7/93; Applied Equipment v Litton 7 Cal.4th 503, T/AT 5/94; Aas v Superior Court 24 Cal.4th 627, T/AT 1/01]
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