Doyle v. FLEETWOOD HOMES OF VIRGINIA, INC.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is the motion of the defendants 1 to dismiss plaintiffs’ claim for breach of the duty of good faith, filed January 20, 2009. 2 The West Virginia Uniform Commercial Code (“U.C.C.”) provides that “[e]very contract or duty within this chapter imposes an obligation of good faith in its performance and enforcement.” W. Va.Code § 46-1-304 (formerly § 46-1-203). At issue is whether § 46-1-304 supports an independent cause of action. For the reasons that follow, the court concludes that it does not, and the motion of the…