Does a Cause of Action arising out of tort exist when an expressed duty of good faith and fair dealing is made

Question

California- i worked for an insurance company, was on disability, became a lead plaintiff in a lawsuit against the company. Company demanded my resignation as a condition to settling. Company agreed to continue employment related benefits for my immediate termination. company and i executed an interim agreement with an expressed provision that it was binding and we both provide our "good faith and fair dealing to ascend to a final agreement." 5 months later, i executed final agreement, and company suddenly terminated all agreed to beneifits. help.

There is no recovery for punitive damages under the contract theory though, correct? There is a 4 year breach of contract statute of limitations, and one year for the "implied" covenant of good faith which is a tort. I just filed, in pro per, meeting the 4 year statute, would I be barred from any bad faith recovery even though this was an expressed provision?

Answer 1

Both.
Under California law, every contract has the implied covenant of good faith/fair dealing. A breach of this implied covenant would be a tort action.
I'm surprised there was a written agreement expressing this. I can't imagine what they were thinking, unless trying to hook you into some breach you had already committed. In any event, this would be count under contract law.
If you are filing pro-per, stick to the judicial council forms, don't write your own complaint.

Answer 2

Under California law, breach of the duty of good faith and fair dealing can be either a tort action or a contract action.