Can a plaintiff bring a cause of action for breach of contract for common counts against the Defendant?

Here, plaintiffs causes of action for breach of contract and common counts are based on the same facts. Because plaintiffs contract claim withstands defendant's preclusion and estoppel defenses, so too does her cause of action for common counts. (Steiner v. Rowley, supra, 35 Cal.2d at p. 720.)

Defendant raises a similar challenge to plaintiffs third cause of action, for a constructive trust. (See Michaelian v. State Comp. Ins. Fund (1996) 50 Cal.App.4th 1093, 1114 [setting forth pleading requirements].) We reject that challenge for the same reasons. Because plaintiffs contract claim is viable, so too is her cause of action for constructive trust.

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