The following excerpt is from Merced Irrigation Dist. v. Cnty. of Mariposa, 941 F.Supp.2d 1237 (E.D. Cal. 2013):
Under California law, to allege a claim for breach of the covenant of good faith and fair dealing, a plaintiff must allege the following elements: (1) the plaintiff and the defendant entered into a contract; (2) the plaintiff did all or substantively all of the things that the contract required him to do or that he was excused from having to do so; (3) all conditions required for the defendant's performance had occurred; (4) the defendant unfairly interfered with the plaintiff's right to receive the benefits of the contract; and (5) the defendant's conduct harmed the plaintiff. See Judicial Counsel of California Civil Jury Instructions 325 (2013); see also Reinhardt v. Gemini Motor Transport, 879 F.Supp.2d 1138, 1145 (E.D.Cal.2012).
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