Does a plaintiff have abandoned all causes of action for violation of Civil Code section 2923.5 or breach of the implied covenant of good faith and fair dealing?

California, United States of America


The following excerpt is from Millsap v. Deutsche Bank Nat'l Trust Co., B259456 (Cal. App. 2016):

Plaintiff has provided no discussion of her claims for violation of Civil Code section 2923.5 or breach of the implied covenant of good faith and fair dealing in her appellate brief. Therefore, we conclude that she has abandoned these causes of action on appeal, and that any claim of error has been waived. (Jones v. Superior Court (1994) 26 Cal.App.4th 92, 99; see Yee v. Cheung (2013) 220 Cal.App.4th 184, 193, fn. 6 [failure to address all causes of action subject to demurrer forfeits any claim of error concerning causes of action not raised on appeal].)

Lastly, to the extent that plaintiff's sixth cause of action for violation of Business and Professions Code section 17200 is based on plaintiff's deficiently alleged claims, such Civil Code section 2923.6, subdivision (c), it also fails. (See Price v. Starbucks Corp. (2011) 192 Cal.App.4th 1136, 1147.)

The judgment is affirmed. Respondents are to recover their costs on appeal.

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