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COPESKY v. SUPERIOR COURT

Docket No. D013448.

229 Cal.App.3d 678 (1991)

280 Cal. Rptr. 338

PAUL COPESKY, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; SAN DIEGO NATIONAL BANK, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

April 23, 1991.

Attorney(s) appearing for the Case

COUNSEL

Duke, Gerstel, Shearer & Bregante, Bryan R. Gerstel, John S. Huiskamp and Paul A. Zumberge for Petitioner.

No appearance for Respondent.

Miller, Boyko & Bell, Roy Morrow Bell and Gary D. Garcia for Real Party in Interest.

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...

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