California Court of Appeal

Summary judgment for defendant-state in a breach of contract action arising out of the performance of an agreement between the parties whereby plaintiff transferred 7,000 acres of old growth redwood forestland to the State in exchange for other forestland and $495.52 million dollars, and included specified regulatory approvals required for plaintiff's harvest of its forestland, is affirmed, where: 1) the express terms of the agreement do not promise plaintiff a particular harvest level; 2) the covenant of good faith and fair dealing does not operate to supply a term that the express contract does not otherwise contain; 3) the term plaintiff seeks to imply, a guaranteed harvest level, was specifically rejected in negotiations; 4) such term is not necessary to prevent the agreement from being illusory or unenforceable; and 5) the claim of promissory estoppel fails because plaintiff's alleged reliance was the bargained-for consideration it promised as its part of the agreement, making this case unsuited to a claim of promissory estoppel.

Appellate Information

• Decided 12/04/2013
• Published 12/04/2013

Judges

• BLEASE

Court

• California Court of Appeal

Counsel