Vu Nguyen v. Aurora Loan Services, LLC

MEMORANDUM

Vu Nguyen appeals the district court’s grant of summary judgment in favor of Aurora Loan Services, LLC, in Nguyen’s diversity action, alleging negligence, wrongful foreclosure, and other causes of action arising from the non-judicial foreclosure of Nguyen’s property. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court properly granted summary judgment to Aurora on Nguyen’s breach of the covenant of good faith and fair dealing claim. Nguyen argued Aurora breached the covenant of good faith and fair dealing by failing to' “work with him” to modify his loan after the expiration of the Workout Agreement. However, Nguyen failed to identify any express contract term obligating Aurora to offer him another loan modification at the expiration of the Workout Agreement. Although the Workout Agreement stated that, at its conclusion, Aurora may offer Nguyen another loan workout option, it did not obligate Aurora to do so. See Racine & Laramie, Ltd. v. Dep’t of Parks & Recreation, 11 Cal.App.4th 1026 , 14 Cal.Rptr.2d 335, 339 (1992) (“If there exists a contractual relationship between the parties, ... the implied covenant is limited to assuring…