Lopez

MEMORANDUM *

Plaintiff-appellant Mark Lopez filed suit, alleging claims for breach of contract, bad faith, and punitive damages. He appeals the district court’s grant of summary judgment to Jefferson Pilot Financial Insurance Company (“Jefferson Pilot”) on the bad faith and punitive damages claims. The facts are known to the parties and are not recounted here.

To defeat Jefferson Pilot’s motion for summary judgment, Lopez must “produce enough evidence to create a genuine issue of material fact” on each of the essential elements of his case. Nissan Fire & Marine Ins. Co. v. Fritz Cos., 210 F.3d 1099 , 1103 (9th Cir.2000). Under California law, a “breach of the implied covenant of good faith and fair dealing involves something beyond breach of the contractual duty itself.” Congleton v. Nat’l Union Fire Ins. Co., 189 Cal.App.3d 51 , 234 Cal. Rptr. 218, 222 (Ct.App.1987). Bad faith implies unfair dealing rather than mistaken judgment. Id.; see also Guebara v. Allstate Ins. Co., 237 F.3d 987, 992 (9th Cir.2001) (construing California law and noting that “the key to a bad faith claim is whether or not the insurer’s [actions were] reasonable”).

This standard has not been met here.…