Boston LLC v. Juarez (2015)

Citation: Boston LLC v. Juarez (2015)
Parent Document: Boston LLC v. Juarez (2015)
Jurisdiction: California (state)
Effective Date: 2015-10-02
Original Source: https://www.courtlistener.com/opinion/3006950/boston-llc-v-juarez/ ↗

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“‘“Every contract imposes upon each party a duty of good faith and fair dealing in its
performance and its enforcement.” [Citation.]’” (Acree v. Gen. Motors Acceptance Corp.
(2001) 92 Cal.App.4th 385, 393.) However, as pointed out by plaintiff, a leading treatise on
landlord-tenant law states “no reported case to date recognizes the covenant of good faith and
fair dealing as an independent affirmative defense to an unlawful detainer. [Citation.]”
(Friedman et al., Cal. Practice Guide: Landlord-Tenant, supra, ¶ 8:384, p. 8-139.) Defendant
cites two cases in support of his contention that a defense of good faith and fair dealing applied
in this case. Sunstone Behavioral Health, Inc. v. Alameda County Medical Center (E.D.Cal.,
June 19, 2008, No. S-06-2664 FCD DAD) 2008 U.S.Dist. Lexis 50229, dealt with a psychiatric

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