Pulver

Plaintiff, Celestina Cortez Pulver, appeals from judgment of dismissal entered after the trial court sustained the demurrer of defendant, Avco Financial Services, to all causes of action of the third amended complaint without leave to amend.

Factual and Procedural Background

The third amended complaint contained four causes of action. The first cause of action, breach of implied covenant of good faith and fair dealing, alleged: Defendant is a corporation doing business as a lender. Plaintiff entered into written loan agreements with defendant in September 1977, November 1977, May 1978, November 1979 and January 1980. On or about September 1, 1979, defendant entered into a written loan agreement with plaintiff’s adult sister, Cathleen Cortez. Plaintiff was not a party to that agreement, was not a guarantor or cosignor thereof, and had no legal duties to defendant under its loan agreement with Cathleen Cortez. At all times defendant knew that the debt of Cathleen Cortez was not plaintiff’s debt and that defendant had no right to collect said debt from plaintiff. Despite such knowledge defendant maliciously did the following acts: Commencing in or about May 1980, and for…