# Stahl v. Balsara

> Hawaii Supreme Court · December 18, 1978 · 60 Haw. 144

URL: https://www.frixlaw.com/law-library/cases/9611406

## Case

- **Full name:** ANN E. STAHL, Plaintiff-Appellant, Cross-Appellee v. DADI BALSARA, Also Known as DR. DADI BALSARA, Defendant-Appellee, Cross-Appellant
- **Court:** Hawaii Supreme Court
- **Decided:** December 18, 1978
- **Citations:** 60 Haw. 144; 587 P.2d 1210; 1978 Haw. LEXIS 131
- **Precedential status:** Published
- **Opinion:** Concurrence by Kidwell
- **Judges:** Richardson, Kobayashi, Ogata, Menor, Kidwell
- **Cited by:** 43 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9611406

## How later opinions describe it (automated extraction)

- applying the rule that “an actionable representation cannot consist of mere broken promises, unfulfilled predictions or expectations, or erroneous conjectures as to future events” (internal quotation marks omitted)
- noting that facts proving fraud must be clearly established and affirming summary judgment in favor of defendant where there was no evidence he knew certain promises were false at time of making them
- affirming JNOV on fraud claim where nature of representations made reliance “utterly unreasonable”
- discussing past or present fact requirement

## Opinion text

CONCURRING OPINION OF
KIDWELL, J.
I concur in the foregoing opinion, but consider it desirable to say something more with respect to the rule that fraud may not be predicated upon unfulfilled predictions. I do not understand the opinion to deny that a representation by a self-proclaimed soothsayer that he or she has psychic powers which enable the future to be foretold might be an actionable representation if made with knowledge of its falsity, although the prediction of the soothsayer might not in itself be actionable. That question is not before us in this case, however, in the absence of any evidence that appellee was aware that he lacked power to foretell appellant’s future.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9611406. Public record. Not legal advice.