What is the test for a cause of action for breach of the covenant of good faith and fair dealing?
California, United States of America
The following excerpt is from Abikasis v. Provident Title Co., B266058 (Cal. App. 2016):
Plaintiffs' claim for breach of the covenant of good faith and fair dealing fails for the same reason that their breach of contract claim fails. A cause of action for breach of the covenant of good faith and fair dealing requires the existence and breach of an enforceable contract (Kruse v. Bank of America (1988) 202 Cal.App.3d 38, 57), and plaintiffs have failed to allege the existence of an enforceable contract.
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