Bracke

MEMORANDUM **

After being terminated as a court commissioner for the Glendale Municipal Court (“Court”), Dona Bracke filed suit against Judge James Simpson, presiding judge of the Court, and the County of Los Angeles (“County”), the county in which the Court is located. She sued these defendants for: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) wrongful termination; (4) negligent infliction of emotional distress (“NIED”); and (5) intentional infliction of emotional distress (“IIED”). She appeals the district court’s summary judgment in favor of the defendants on all five claims. We affirm.

The district court correctly granted summary judgment in favor of Judge Simpson on the breach of contract and breach of implied covenant claims, because he was not in privity of contract with Bracke. Andrus v. Estrada, 39 Cal.App.4th 1030 , 1042 n. 14, 46 Cal.Rptr.2d 300 (Cal.Ct.App.1995) (noting that to be hable for breach of contract, the defendant must be a party to the contract); Fireman’s Fund Ins. Co. v. Maryland Cas. Co., 21 Cal.App.4th 1586, 1599 , 26 Cal.Rptr.2d 762 (1994) (holding that “[t]he prerequisite for any action for breach of the…