What is a breach of covenant of good faith/fair dealing?

Useful Rulings on Breach of Covenant of Good Faith/Fair Dealing

Recent Rulings on Breach of Covenant of Good Faith/Fair Dealing

YESLENDER, LLC, A PENNSYLVANIA LIMITED LIABILITY COMPANY VS FIVE BULLS TRANSPORT, INC., A CALIFORNIA CORPORATION, ET AL.

On March 17, 2020, Plaintiff filed a complaint, asserting causes of action against Five Bulls, Anacleto and Does 1-5 for: Breach of Written Agreement Breach of Written Guaranty Money Had and Received Breach of Implied Covenant of Good Faith and Fair Dealing Common Count Fraud Constructive Trust Unfair Business Practices Failure to Compensate for All Hours Worked in Violation of Labor Code § 1198 On July 6, 2020, Five Bulls’ and Anacleto’s defaults were entered.

  • Hearing

    Aug 12, 2020

  • Type

    Contract

  • Sub Type

    Breach

ANTHONY SAM VS RENEE KWAN ET AL

The causes of action in the FAC include (1) breach of fiduciary duty; (2) breach of contract; (3) quiet title/cancellation of instrument; (4) breach of covenant of good faith and fair dealing; (5) violations of Business and Professions Code sections 12700 et seq.; (6) escrow negligence; (7) fraud; (8) civil conspiracy; and (9) declaratory relief.

  • Hearing

    Jul 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CHING FU CHANG, ET AL. VS PAN MING LEI, ET AL.

On August 8, 2019, Plaintiffs filed a complaint, asserting causes of action against Defendants and Does 1-20 for: Breach of Contract Breach of Implied Covenant of Good Faith and Fair Dealing Common Count Fraud Constructive Trust Unfair Business Practices Failure to Compensate for All Hours Worked in Violation of Labor Code § 1198 On October 3, 2019, Wu’s, Pan’s, ZHDI’s, Trend’s and Z&SHDI’s defaults were entered.

  • Hearing

    Jul 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CYNTHIA MARIA RIBAS VS BEAU MONDE ASSOCIATION, ET AL.

Ribas (Plaintiff) filed suit against Defendant Beau Monde Association and Sommer Adel Salam (Defendant Rodriguez), alleging: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing, (3) libel per se, (4) slander per se, (5) fraud (false promise), (6) negligent misrepresentation, and (7) breach of fiduciary duty.

  • Hearing

    Jul 17, 2020

CYNTHIA MARIA RIBAS VS BEAU MONDE ASSOCIATION, ET AL.

Ribas (Plaintiff) filed suit against Defendant Beau Monde Association and Sommer Adel Salam (Defendant Rodriguez), alleging: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing, (3) libel per se, (4) slander per se, (5) fraud (false promise), (6) negligent misrepresentation, and (7) breach of fiduciary duty.

  • Hearing

    Jul 17, 2020

FRANK MCHUGH VS ADAM GREENFIELD, ET AL.

Greenfield and Clare Marin Greenfield aka Claire Marin Greenfield for (1) fraudulent transfer; (2) conspiracy; (3) action to cancel instrument; (4) breach of settlement agreement; (5) breach of the implied covenant of good faith and fair dealing; and (6) financial abuse of an elder. On January 14, 2020, the Court overruled Defendant Adam L. Greenfield’s demurrer to the complaint. On February 4, 2020, Adam L.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JEFFREY FRASCO, ET AL. VS DOMAEN LTD., A CALIFORNIA CORPORATION, ET AL.

Lowe, Axel Schmitzberger, Blanca Cano dba Cano Masonry, and Ruggeri Marble and Granite, Inc. for (1) negligence; (2) negligent supervision; (3) negligence per se; (4) breach of contracts re construction defects; (5) breach of contract re substantial completion; (6) breach of implied covenant of good faith and fair dealing; (7) breach of fiduciary duty; (8) breach of express warranty; (9) breach of implied warranty; (10) unjust enrichment/restitution; (11) accounting; (12) common count: money had and received

  • Hearing

    Jul 15, 2020

  • Type

    Contract

  • Sub Type

    Breach

AVID GLOBAL VS BIOXXEL

Tort damages are permitted in contract cases such as breach of the covenant of good faith and fair dealing in insurance contracts, wrongful discharge in violation of public policy, or where the contract was fraudulently induced. (See Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 989-990.) “In each of these cases, the duty that gives rise to tort liability is either completely independent of the contract or arises from conduct which is both intentional and intended to harm.”

  • Hearing

    Jul 14, 2020

  • Judge

    Raquel A. Marquez

  • County

    Riverside County, CA

DANIEL KANG VS VOLVO CARS OF NORTH AMERICA, LLC, ET AL.

“Tort damages have been permitted in contract cases where a breach of duty directly causes physical injury; for breach of the covenant of good faith and fair dealing in insurance contracts; for wrongful discharge in violation of fundamental public policy; or where the contract was fraudulently induced. In each of these cases, the duty that gives rise to tort liability is either completely independent of the contract or arises from conduct which is both intentional and intended to harm.” (Id. at 989-990.)

  • Hearing

    Jul 14, 2020

JESSICA STEVENS, AN INDIVIDUAL, ET AL. VS NBA AUTOMOTIVE, INC., A CALIFORNIA CORPORATION, ET AL.

“Tort damages have been permitted in contract cases where a breach of duty directly causes physical injury; for breach of the covenant of good faith and fair dealing in insurance contracts; for wrongful discharge in violation of fundamental public policy; or where the contract was fraudulently induced. In each of these cases, the duty that gives rise to tort liability is either completely independent of the contract or arises from conduct which is both intentional and intended to harm.” (Id. at 989-990.)

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RABBIT RIDGE WINE SALES, INC. ET AL. V. UNIGARD INSURANCE COMPANY, ET AL.

Plaintiffs’ first amended complaint (FAC) alleges causes of action for Plaintiffs’ complaint includes causes of action for (1) breach of written insurance agreement (against Unigard); (2) breach of the implied covenant of good faith and fair dealing – bad faith (against Unigard); (3) intentional infliction of emotional distress (against Unigard); and (4) negligence (against Relation).

  • Hearing

    Jul 14, 2020

BRIDA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA

On September 11, 2019, Plaintiff Brida, LLC (Plaintiff) filed suit against Travelers Casualty Insurance company of America dba Travelers (Defendant) alleging: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; and (3) declaratory relief. Legal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §§ 435-437.)

  • Hearing

    Jul 14, 2020

STEVEN DUNNER VS STATE FARM GENERAL INSURANCE COMPANY

Co. (2007) 42 Cal.4th 713, the court discussed the genuine dispute rule in the bad faith context: The law implies in every contract, including insurance policies, a covenant of good faith and fair dealing. “The implied promise requires each contracting party to refrain from doing anything to injure the right of the other to receive the agreement's benefits.

  • Hearing

    Jul 14, 2020

  • Type

    Insurance

  • Sub Type

    Intellectual Property

SANDPEBBLE APARTMENTS LLC VS NEVADA CAPITAL INSURANCE COMPANY; B&B PREMIER INSURANCE SOLUTIONS, INC. AND DOES 1 THROUGH 100, INCLUSIVE,

Breach of Implied Covenant of Good Faith and Fair Dealing (2nd COA) A cause of action for breach of implied covenant of good faith and fair dealing requires the following elements: (1) insurer obligated under policy to first or third party; (2) implied duty; (3) unreasonable breach of that duty; and (4) causation of at least economic damages. (Love v. Fire Insurance Exchange (1990) 221 Cal.App.3d 1136, 1151; Waters v. United Services Auto. Assn. (1996) 41 Cal.App.4th 1063, 1070.)

  • Hearing

    Jul 13, 2020

  • Type

    Contract

  • Sub Type

    Breach

VAZGEN MIRZAKHANYAN VS JV & T CAPITAL LLC ET AL

Setyan for (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) fraud and intentional deceit; (4) money had and received; and (5) negligent misrepresentation. On May 22, 2013, Defendant Monika M. Setyan and Plaintiff entered into a stipulation for entry of judgment. On May 23, 2013, the Court entered judgment in favor of Plaintiff against Defendant Monika M. Setyan for $119,849.00. (05/23/13 Court Judgment).

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SAMUEL BLUMBERG VS KOB REMODELING, INC.

Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) breach of covenant of good faith and fair dealing; and (3) false promise. Moving Defendant filed a motion to strike portions of the complaint. Moving Defendant seeks to strike: (1) Plaintiff’s prayer for punitive damages; (2) Plaintiff’s prayer for attorney’s fees; and (3) Plaintiff’s prayer for statutory damages and injunctive relief.

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

VAZGEN MIRZAKHANYAN VS JV & T CAPITAL LLC ET AL

Setyan for (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) fraud and intentional deceit; (4) money had and received; and (5) negligent misrepresentation. On May 22, 2013, Defendant Monika M. Setyan and Plaintiff entered into a stipulation for entry of judgment. On May 23, 2013, the Court entered judgment in favor of Plaintiff against Defendant Monika M. Setyan for $119,849.00. (05/23/13 Court Judgment).

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANDREW M. EGBE VS SELECT PORTFOLIO SERVICING, INC., ET AL.

Plaintiff asserted a new litany of claims: (1) negligence, (2) negligent misrepresentation, (3) fraud, (4) fraud, (5) cancellation of instrument, (6) void or cancel notice of default, (7) breach of contract – promissory estoppel, (8) breach of contract, (9) breach of the implied covenant of good faith and fair dealing, (10) injunctive relief, (11) concealment, and (12) constructive fraud. (Ibid.)

  • Hearing

    Jul 10, 2020

EVANSTON INSURANCE COMPANY VS SOUTHERN CALIFORNIA EDISON COMPANY

Second Cause of Action: Breach of Implied Covenant of Good Faith and Fair Dealing Further, in every contract there is an implied covenant of good faith and fair dealing. (Sutherland v. Barclays American/Mortgage Corp. (1997) 53 Cal.App.4th 299, 314.) The covenant of good faith and fair dealing imposes a general duty upon each contracting party “to perform faithfully and not to deprive the other party of the benefits of the contract.” (Floystrup v.

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KATIE O CONNELL MARSH VS GAUMONT TELEVISION USA LLC

of good faith and fair dealing otherwise to enrich itself at the expense of Plaintiff.

  • Hearing

    Jul 10, 2020

632 N PALM DRIVE, LLC VS ADAN PENA, ET AL.

These allegations appear in paragraph 27 in the general allegations and paragraph 91 in the breach of implied covenant of good faith and fair dealing.

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

KELSEA SAKAMOTO VS GLENOAKS TOWNHOMES LLC, ET AL.

The complaint alleges causes of action for breach of contract, breach of implied warranty of habitability/tenantability, breach of implied warranty of quiet enjoyment, negligence, constructive eviction, nuisance, breach of the covenant of good faith and fair dealing, negligent misrepresentation and intentional misrepresentation. ANALYSIS: Procedural Untimely Opposition Plaintiff has filed an untimely opposition to this motion.

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

SEAN ROSS PAUL VS TISHMAN SPEYER ARCHSTONE-SMITH ET AL

BACKGROUND On June 10, 2019, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) breach of express and implied contract; (2) breach of the covenant of good faith and fair dealing/breach of express/implied warranty of habitability; (3) fraud, negligent misrepresentation, and concealment; (4) negligence—premises liability; (5) negligence, negligent supervision, and negligent management (owner and manager); (6) negligence; (7) violation of California Business

  • Hearing

    Jul 10, 2020

KENNETH ADLER, ET AL. VS SHIRLEE LYNN BLISS

.), the covenant of good faith and fair dealing, and treble damages (Civ. Code, §3345(b)). B. Relevant Background and Demurrer On November 20, 2019, Plaintiff Rosenstiel attended the CMC, OSC re failure to file proof of service, and OSC re dismissal for lack of prosecution. At the hearing, Plaintiff Rosenstiel represented that Plaintiff Kenneth Adler no longer wished to pursue the action and so the Court ordered the complaint as to Kenneth Adler dismissed.

  • Hearing

    Jul 10, 2020

  • County

    Los Angeles County, CA

CORONADO SHORES CONDOMINIUM ASSOCIATION NO 1 VS CORONADO SHORES LANDSCAPING & RECREATIONAL COMMITTEE

Relying on the "so long as he shall be living, competent and perform his duties" language of Section 7.2, the Committee argues that Yanda's alleged failure to comply with the implied covenant of good faith and fair dealing is sufficient to establish a failure to perform duties. Preliminarily, none of the authorities the Committee relies on allow for the imposition of a duty of good faith and fair dealing on a board member to a board.

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    other

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