Copesky v. Superior Court

Opinion

FROEHLICH, J.

This petition seeks review of the sustaining without leave to amend of a demurrer to one cause of action of petitioner’s complaint. The cause so terminated was entitled, and is properly characterized as, “Breach of the Implied Covenant of Good Faith and Fair Dealing.” By means of this cause of action the petitioner sought to recover tort damages because of the real party in interest bank’s wrongful cashing of checks drawn without proper signature. The allegations of the complaint were obviously drawn so as to bring the action within the rationale of this court’s decision…