California Court of Appeal

In American Express's suit for money damages against defendant, claiming that defendant failed to pay in full each and every charge that he personally made on a charge card account, trial court's judgment in the amount of $265,025.80 following an order granting summary judgment in favor of American Express is affirmed where: 1) there is no specific statutory language imposing upon American Express a duty to disclose to the basic cardmember that it, or one of its affiliates, obtained a judgment against an additional cardmember; 2) American Express did not have a duty to disclose to defendant that it had obtained a judgment against a third-party, as nothing in the record suggests a confidential relationship between American Express and defendant that would give rise to a duty to disclose material facts; and 3) the implied covenant of good faith and fair dealing does not impose a duty to disclose.

Appellate Information

• Decided 11/24/2010
• Published 11/24/2010

Judges

• MANELLA

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Peter Brown Dolan, Douglas Jaffe