Randi W. v. Muroc Joint Unified School District

1997

Venue: CA SC

Facts: Various employers gave Gadams positive letters of recommendation, even though there were prior accusations of inappropriate sexual conduct. Gadams then assaults a student.

Posture: Demurrers at trial, reversed on appeal.

Issue: Does the duty of reasonable care include the duty to disclose material information bearing on a candidate's fitness when writing letters of recommendation?

Holding: Not unless you undertake to say other stuff.

Rule: You can remain silent about unfavorable facts, but if you go so far as to offer a recommendation, it's misrepresentation to say only the positive, if you've got substantial negative knowledge.

Reasoning: Giving false information imposes liability. A half-truth is as bad as a lie, if it is understood to be the whole truth. There's a difference between nondisclosure and misrepresentation. It was foreseeable that people would rely on these recommendations.

Dicta: