Rogoff

Plaintiff appeals from a judgment (order of dismissal) entered after the trial court sustained defendant’s demurrer to plaintiff’s second amended complaint without leave to amend. We address the question of whether the breach of the covenant of good faith and fair dealing in a contract for the rental of a limousine gives rise to an action in tort.

Facts

Because a demurrer necessarily constitutes an admission of the material and issuable facts properly pleaded in the complaint (Air Quality Products, Inc. v. State of California (1979) 96 Cal.App.3d 340, 347 [ 157 Cal.Rptr. 791 ]), we deem the following alleged facts to be true: In May 1985 plaintiff entered into an oral agreement with defendant whereby plaintiff rented from defendant a limousine stocked with alcoholic beverages, and a driver. Defendant knew that plaintiff rental rented the limousine and driver to take him and his wife to a cocktail and swimming party; that he planned to drink alcoholic beverages both in the limousine and at the party; and so that plaintiff would not have to worry about driving a vehicle, defendant was to be at plaintiff’s service throughout the day until the party ended and then was to…