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

XIAOXING ZHANG VS ZHE ZHANG, ET AL.

procedural history Plaintiff filed the Complaint on March 16, 2020, alleging eleven causes of action: Breach of contract Breach of implied covenant of good faith and fair dealing Promissory fraud Intentional misrepresentation Concealment Violation of Business Code §§ 17200 et seq. Violation of Business Code § 7031 Violation of Business Code §§ 7100 et seq.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BAHRAM JARIDIAN VS SUBARU OF AMERICA, INC., 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

CATHY LOGISTICS, INC. VS BLAKE B OSBORNE, ET AL.

On August 22, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-50 for: Breach of Contract Breach of Covenant of Good Faith and Fair Dealing Fraud On November 8, 2019, Venetian’s and Fair’s defaults were entered. On November 19, 2019, Osborne’s default was entered. A Case Management Conference and an Order to Show Cause Re: Default Judgment are set for December 1, 2020.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

REBECCA A RICKLEY VS FIRST AMERICAN TITLE INSURANCE COMPANY

.: 19SMCV00123 MOTION: Motion to Strike Portions of First Amended Complaint HEARING DATE: 11/25/2020 Plaintiff Rebecca Rickley filed a first amended complaint (FAC) against Defendant First American Insurance Company, aka First American Title Insurance Company, and Does 1-20 for (1) breach of implied covenant of good faith and fair dealing, (2) breach of contract, and (3) declaratory relief. Plaintiff Rickley alleges that her insurer failed to defend her in Tesoro, et al. v.

  • Hearing

  • Type

    Insurance

  • Sub Type

    Intellectual Property

MASSIS DANIELIAN VS RICHARD DENOGEAN, ET AL.

By way of background, Plaintiffs commenced the 18STCV08110 action against Richard, Hong, and Mission on December 12, 2018 (“First Action”), alleging causes of action for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) breach of covenant of quiet enjoyment, (4) trespass, (5) nuisance, (6) IIED, (7) NIED, (8) negligence, and (9) wrongful eviction based on the same property and lease agreement and amendment.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GLENDALE FRENCH BAKERY, INC. VS. RICK SALVATORE, ET AL

In the operative complaint, Plaintiff alleged twelve causes of action sounding in (1) Breach of Lease, (2) Breach of covenant of Quiet Use and Enjoyment, (3) Breach of Covenant of Good Faith and Fair Dealing, (4) Fraud, (5) Negligent Misrepresentation, (6) Rescission and Restitution based on Fraud or Mistake, (7) Promissory Estoppel, (8) Interference with Contractual Relations, (9) Interference with Prospective Economic Advantage, (10) Private Nuisance, (11) Public Nuisance, and (12) Violation of Bus. & Prof

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

HERNANDEZ VS KADVA PATIDAR 42 GAM SAMAJ

As our Supreme Court explained in one of the very cases cited by the plaintiff: “Tort damages have been permitted in contract cases where a breach of duty directly causes physical injury [citation]; for breach of the covenant of good faith and fair dealing in insurance contracts [citation]; for wrongful discharge in violation of fundamental public policy [citation]; or where the contract was fraudulently induced. [Citation.]” (Erlich v. Menezes, supra, 21 Cal.4th at pp. 551–552.)

  • Hearing

GEORGE SANTOPIETRO VS JAMES HARDEN, ET AL.

procedural history Santopietro filed the Complaint on September 12, 2019, alleging five causes of action: Breach of Contract Breach of the Covenant of Good Faith and Fair Dealing Fraud Fraud in the Inducement Unfair Business Practices On February 20, 2020, Wiseman and Solimar filed an Answer.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MH PILLARS LTD VS PAYMENTWORLD LIMITED ET AL

BACKGROUND Plaintiff filed a complaint arising from a breach of a Merchant Agreement (the “Agreement”) to provide credit card processing services, alleging causes of action for: (1) breach of contract—including covenant of good faith and fair dealing; (2) conversion; (3) rescission and restitution; (4) fraud and deceit; (5) unfair competition law; and (6) accounting.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CITY OF CALEXICO VS. KEELY MARTIN BOSLER AS DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FINANCE

On November 8, 2017, the District sued the City for breach of contract, breach of the covenant of good faith and fair dealing, conversion and declaratory relief (Complaint). (AR, 439-447.)

  • Hearing

MELBE ZEPEDA VS GUSTAVO RODRIGUEZ

Concurrently, Defendant filed a cross-complaint against Plaintiff, Novum CT, Novum VIP, and Paz Sanchez Majano for: (1) fraud; (2) breach of contract; (3) intentional interference with prospective economic advantage; (4) negligent interference with prospective economic advantage; (5) breach of the implied covenant of good faith and fair dealing; (6) violation of Business & Professions Code, § 17200 et al.; and (7) defamation. B.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

GEORGE BURGA VS ALLSTATE INSURANCE COMPANY, AN ILLINOIS CORPORATION

Plaintiff’s complaint contains causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing and accounting. Plaintiff fails to provide clear notice of the relief sought in the instant motion. Pursuant to CRC 3.1110(a), “[a] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.”

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

LINDA P. DONOFRIO VS 4045 VINLAND AVENUE PARTNERS,, ET AL.

Eighth Cause of Action (Breach of Contract) – To plead breach of contract, the Plaintiff must allege (1) the existence of a contract, (2) Plaintiff’s performance or excuse for non-performance, (3) Defendant’s breach, and (4) resulting damage to Plaintiff. (Lortz v. Connell (1969) 273 Cal. App. 2d 286, 290.) The FAC alleges that Defendants breached the implied covenant of good faith and fair dealing by failing to provide a habitable residence for Plaintiff. (FAC, ¶¶ 158-161.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

AIDA OGANESIAN, ET AL. VS CAH-2014-1 BORROWER, LLC, ET AL.

Plaintiffs filed the Original Complaint on April 10, 2019, the First Amended Complaint ("FAC") on June 19, 2019, and the Second Amended Complaint ("SAC") on January 10, 2020, alleging ten causes of action sounding in: (1) Private Nuisance; (2) Breach of Warranty of Habitability; (3) Negligence; (4) Breach of Covenant of Good Faith and Fair Dealing; (5) Breach of Implied Covenant of Quiet Enjoyment; (6) Violation of Civil Code § 1942.4; (7) Constructive Eviction; (8) Violation of FEHA § 12955, subd.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

AFM & SAG-AFTRA INTELLECTUAL PROPERTY RIGHTS DISTRIBUTION FUND VS STARR INDEMNITY & LIABILITY COMPANY

Third and Sixth Causes of Action: Breach of the Implied Covenant of Good Faith and Fair Dealing 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

  • Type

    Insurance

  • Sub Type

    Intellectual Property

BARBARA A. COHEN VS OREN ABUTBUL, ET AL.

Bitton, and American Contractors Indemnity Company asserting causes of action for (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Negligence; (4) Negligence Per Se; (5) Fraudulent Inducement; (6) Fraud/Promise Without Intent to Perform; (7) Breach of Express and Implied Warranties; (8) Recovery on Contractors’ License Bonds; (9) Disgorgement; (10) Elder Financial Abuse; and (11) Conversion.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

STUART MCCLAVE VS ALI HABIBI ET AL

There is no separate discussion re the claims for breach of contract, breach of implied covenant of good faith and fair dealing, breach of the implied warranty of habitability or negligent infliction of emotional distress. To the extent there is actually a “motion for summary judgment” as to defendant ALI HABIBI, it seems to be no more than an unsupported wish, mentioned in the Notice of Motion and then forgotten.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    Richard L. Fruin

  • County

    Los Angeles County, CA

JAHANGIRI VS SANTAELLA, ET AL.

)  Second C/A (Breach of Covenant of Good Faith and Fair Dealing) Defendant challenges the second cause of action as merely restating the first cause of action for breach of contract. Defendant cites Careau & Co. v.

  • Hearing

DEBRA ELAINE POLE VS MUFG UNION BANK, N.A., ET AL.

Generally, the implied covenant of good faith and fair dealing is implied in all contracts, and a party may only recover in contract. (Copesky v. Superior Court (1991) 229 Cal.App.3d 678, 685.) There is an exception for tort remedies for breach of good faith in insurance cases where the parties have a “special relationship,” but these tort remedies generally do not apply to banks and depositors. (Id. at 348.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SNYDER VS CENTURY-NATIONAL INSURANCE COMPANY

Defendant's demurrer to the first cause of action for bad faith-breach of the implied covenant of good faith and fair dealing is OVERRULED. Contrary to Defendant's contention that the allegations of the First Amended Complaint are conclusory and only involve a dispute over policy interpretation, the FAC contains a number of detailed allegations in paragraph 17. (See also FAC, ¶¶9-12.)

  • Hearing

  • Type

    Insurance

  • Sub Type

    Intellectual Property

CONKEY VS STATE FARM MUTUAL AUTO INSURANCE

The claim, as alleged, seeks relief for purportedly using certain behind-the-scenes tools and levers to create pressure to force Plaintiff to accept certain satisfaction of the contract, and that is sufficient to allege both a cause of action for breach of contract and a cause of action for breach of the implied covenant of good faith and fair dealing.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HAPPY KIDS FOOD, INC. VS. HAPPY KIDS NUTRITION, INC.

Here, the SAC asserts six causes of action against Majid: the first cause of action for breach of oral contract; second cause of action for breach of implied-in-fact contract; third cause of action for book account; fourth cause of action for breach of covenant of good faith and fair dealing; fifth cause of action for quantum valebant; and sixth cause of action for indebitatus assumpsit. (SAC, ¶¶ 1-61.)

  • Hearing

CONKEY VS STATE FARM MUTUAL AUTO INSURANCE

The claim, as alleged, seeks relief for purportedly using certain behind-the-scenes tools and levers to create pressure to force Plaintiff to accept certain satisfaction of the contract, and that is sufficient to allege both a cause of action for breach of contract and a cause of action for breach of the implied covenant of good faith and fair dealing.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BRUCE THUE VS MICHAEL LAINE

BACKGROUND On December 11, 2019, Bruce Thue filed a complaint against Michael Laine for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, and (3) unjust enrichment. On February 3, 2020, defendant Laine filed a cross-complaint.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

SNYDER VS CENTURY-NATIONAL INSURANCE COMPANY

Defendant's demurrer to the first cause of action for bad faith-breach of the implied covenant of good faith and fair dealing is OVERRULED. Contrary to Defendant's contention that the allegations of the First Amended Complaint are conclusory and only involve a dispute over policy interpretation, the FAC contains a number of detailed allegations in paragraph 17. (See also FAC, ¶¶9-12.)

  • Hearing

  • Type

    Insurance

  • Sub Type

    Intellectual Property

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