Can a plaintiff reframe a breach covenant as a "breach of warranty" claim?
California, United States of America
The following excerpt is from Estate of Goldstein v. Dacey, A137103 (Cal. App. 2014):
fraud damages relating to contract that plaintiff unsuccessfully sought to rescind in prior action]; Weikel v. TCW Realty Fund II Holding Co. (1997) 55 Cal.App.4th 1234, 1248 [plaintiff not allowed in second action to reframe "breach covenant" claim as "breach of warranty" claim ].) But that is not the situation here.
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