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330 N D St, Ste 508, San Bernardino, CA 92401

“Defendant did not breach the obligation of good faith and fair dealing if it reasonably relied on the advice of its lawyer. Defendant’s reliance was reasonable if: 1. Defendant acted in reliance on the opinion and advice of its lawyer; 2. The lawyer’s advice was based on full disclosure by Defendant of all relevant facts that it knew, or could have discovered with reasonable effort; 3. Defendant reasonably believed the advice of the lawyer was correct; and 4. In relying on its lawyer’s advice, Defendant gave at least as much consideration to Plaintiff’s interest as it gave its own interest; [and] [5. [Defendant] was willing to reconsider and act accordingly when it determined that the lawyer’s advice was incorrect.]”

[CACI Jury Instructions [citations omitted]]

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Post Author: lawofficesofjamesrdickinson