What is the test for a claim for breach of the covenant of good faith and fair dealing?

MultiRegion, United States of America

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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