This form is a Complaint. Plaintiff brings an action against defendant for breach of contract and requests a monetary award, plus punitive damages.
California Complaint regarding Breach of Contract, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress
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FAQ
There are four standard elements required to establish a claim for breach of contract in California: (i) the existence of a valid contract, (ii) the plaintiff's performance or excuse for nonperformance, (iii) the defendant's breach of contract, and (iv) resulting damages.
There is implied in every contract a covenant of good faith and fair dealing. 2' This covenant basically requires each contracting party to refrain from doing anything that would prevent the other party from receiving the benefit of the bargain. The breach of this obligation differs from a breach of contract.
[Citation] For a complaint to state a cause of action alleging breach of an implied covenant of good faith and fair dealing, the plaintiff must allege facts which tend to show that the defendant sought to prevent performance of the contract or to withhold its benefits from the plaintiff.? Aventine Inv.
Typically, courts find that a party breaches this rule when they act in ways that obviously undermine the benefits to the other party from the contract or if one party attempts to sabotage another in performing their end of the agreement.
Takeaway: Parties must not intentionally mislead each other. This case demonstrates that parties are considered to have breached the duty of good faith when they make misrepresentations that are active, intentional, and go well beyond innocent non-disclosure.
Typically, courts find that a party breaches this rule when they act in ways that obviously undermine the benefits to the other party from the contract or if one party attempts to sabotage another in performing their end of the agreement.
Examples include lost profits, the value of lost time, and damage to reputation.) Because the covenant of good faith is a contract term (even if implied), recovery in cases where the covenant has been breached is usually limited to contract remedies.
