What is a breach of covenant of quiet enjoyment?

Useful Rulings on Breach of Covenant of Quiet Enjoyment

Recent Rulings on Breach of Covenant of Quiet Enjoyment

ORLI SANTOS, AN INDIVIDUAL, ET AL. VS LA PROPERTIES HEFFESSE LLC, LIMITED LIABILITY COMPANY

BACKGROUND Plaintiffs’ compliant alleges the following causes of action: (1) breach of warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of California Civil Code, Section 1942.4; and (6) private nuisance. Plaintiffs filed a motion (the “Motion”) for an order granting Plaintiffs leave to file a First Amended Complaint. DISCUSSION Code Civ.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

BLANCA Y NAVARRO, ET AL. VS ROBERT WU, ET AL.

Breach of Covenant of Quiet Enjoyment On August 31, 2020, Plaintiffs filed an “Amendment to Complaint,” wherein All County West Property Management aka All County Property Management West was named in lieu of Doe 1. On October 6, 2020, this action was transferred from Department 28 of the Personal Injury Court to this department. A Status Conference is set for November 30, 2020. 1. Demurrer Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LAROME BROWNLEE VS PUBLIC STORAGE,A MARYLAND CORPORATION, ET AL.

Code §§ 2698; (13) Negligence; (14) Tortious Breach of the Warranty of Habitability; (15) Breach of Covenant of Quiet Enjoyment; 16) Failure to Timely Return Security Deposit; (17) Private Nuisance; (18) Negligent Infliction of Emotional Distress; (19) Intentional Infliction of Emotional Distress; and 20) violation of the Unfair Competition Law- Cal. Bus. & Prof. Code §§ 17220, et seq.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

ANDREW COCHRAN VS CP IV PARTHENIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

On March 24, 2020, Plaintiff filed a complaint for Tortious Breach of Warranty of Habitability, Breach of the Covenant of Quiet Enjoyment, Nuisance, Business and Professions Code section 17200, Negligence, and Breach of Contract. RULING: Denied. Defendants, CP IV Parthenia, LLC and Greystar Worldwide, LLC move to strike allegations in support of, and request for, punitive damages in negligence cause of action.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MASSIS DANIELIAN VS RICHARD DENOGEAN, ET AL.

By way of background, Plaintiffs commenced the 18STCV08110 action against Richard, Hong, and Mission on December 12, 2018 (“First Action”), alleging causes of action for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) breach of covenant of quiet enjoyment, (4) trespass, (5) nuisance, (6) IIED, (7) NIED, (8) negligence, and (9) wrongful eviction based on the same property and lease agreement and amendment.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ADAN JESUS RUIZ, ET AL. VS WILMINGTON ARMS HOUSING, LP

Third Cause of Action for Breach of the Covenant of Quiet Enjoyment “In every lease the landlord impliedly covenants that the tenant shall have quiet enjoyment and possession of the premises.” Spinks v. Equity Residential Briarwood Apts., 171 Cal. App. 4th 1004, 1034 (2009).

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LINDA P. DONOFRIO VS 4045 VINLAND AVENUE PARTNERS,, ET AL.

Ninth Cause of Action (Breach of the Covenant of Quiet Enjoyment) – Under California law, every landlord impliedly covenants to their tenant that the tenant shall have quiet enjoyment and possession of the premises which are lent. (See, e.g., Guntert v. City of Stockton (1976) 55 Cal. App. 3d 131, 138; Andrews v. Mobile Aire Estates (2005) 125 Cal.App.4th 578, 588.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

AIDA OGANESIAN, ET AL. VS CAH-2014-1 BORROWER, LLC, ET AL.

Plaintiffs filed the Original Complaint on April 10, 2019, the First Amended Complaint ("FAC") on June 19, 2019, and the Second Amended Complaint ("SAC") on January 10, 2020, alleging ten causes of action sounding in: (1) Private Nuisance; (2) Breach of Warranty of Habitability; (3) Negligence; (4) Breach of Covenant of Good Faith and Fair Dealing; (5) Breach of Implied Covenant of Quiet Enjoyment; (6) Violation of Civil Code § 1942.4; (7) Constructive Eviction; (8) Violation of FEHA § 12955, subd.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LAJOY BARBER VS VICTOR LOPEZ

On August 13, 2020, Defendant filed a Cross-Complaint against Plaintiff alleging the following causes of action: Negligence; Intentional infliction of emotional distress; Breach of covenant of quiet enjoyment; Breach of implied warranty of habitability; Trespass; Trespass to chattels; Breach of contract; and Intrusion into private affairs. Plaintiff moves to strike the Cross-Complaint it in its entirety. The motion is opposed. For the reasons set forth below, the Court denies the motion.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

VILMA FIGUEROA, AN INDIVIDUAL, ET AL. VS G & D MANAGEMENT & APARTMENT BUILDING L.,, ET AL.

On April 4, 2019, Plaintiffs Vilma Figueroa, Jorge Lopez, and Abdulio Cabrera commenced this action against Defendants G&D Management & Apartment Building L. and 409 W. 22nd Street, LLC for (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance. On June 28, 2019, default was entered against Defendant 409 W. 22nd Street, LLC.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

BRADFORD DOUGLASS VS BABAK EZHARI, ET AL.

Breach of Covenant of Quiet Enjoyment The covenant of quiet enjoyment exists between a landlord and tenant. E.g. Pierce v. Nash (1954) 126 Cal.App.2d 606. Breach is a contract claim, not a tort. Ginsberg v. Gamson (2012) 205 Cal.App.4th 873, 896. The doctrine of civil conspiracy requires “commission of an actual tort.” Applied Equipment Corporation v. Litton Saudi Arabia Limited (1994) 7 Cal.4th 503, 511.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ANGELICA ARNADO, AN INDIVIDUAL, ET AL. VS 901 SOUTH BROADWAY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP

Fourth Cause of Action – Breach of Quiet Enjoyment Under the implied covenant of quiet enjoyment, the tenant is insulated “against any act or omission on the part of the landlord, or anyone claiming under him, which interferes with a tenant's right to use and enjoy the premises for the purposes contemplated by the tenancy.” (Erlach v. Sierra Asset Servicing, LLC, supra, 226 Cal.App.4th at 1300.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LAURA SHAPIRO ET AL VS MORAD BEN NEMAN ET AL

The TAC asserts causes of action for (1) breach of warranty of habitability, (2) negligence, (5) forcible detainer, (6) failure to return security deposits, (9) covenant of peaceful and quiet enjoyment, (10) constructive eviction, (11) retaliatory eviction, (12) abuse of process and frivolous filings, (13) breach of warranty of suitability, (14) illegal collection of rent, (15) violation of the Los Angeles Municipal Code – Relocation Benefits, (16) breach of written contract, (17) breach of oral contract, (18

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANDREW COCHRAN VS CP IV PARTHENIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

On March 24, 2020, Plaintiff filed a complaint for Tortious Breach of Warranty of Habitability, Breach of the Covenant of Quiet Enjoyment, Nuisance, Business and Professions Code section 17200, Negligence, and Breach of Contract. RULING: Denied without Prejudice. On September 14, 2020, the court denied the ex parte application for temporary restraining order and specially set the hearing for preliminary injunction.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

CORAZON MILLER , ET AL. VS NORDHOFF, L.P., A CALIFORNIA LIMITED PARTNERSHIP, ET AL.

On February 5, 2019, Plaintiffs filed a complaint against Defendants Nordhoff, L.P. and Dear Holdings, Inc. asserting causes of action for: (1) Breach of the Implied Warranty of Habitability; (2) Violation of Civil Code §1941.1; (3) Violation of Health & Safety Code §17920.3; (4) Breach of the Covenant of Quiet Enjoyment; (5) Nuisance (Civil Code §3479); (6) Negligence; (7) Negligent Infliction of Emotional Distress; (8) Violation of Civil Code §1950.5 (9) Violation of Unfair Competition Law (Bus. & Prof.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

DOUGLAS MERIDA VS NJR THREE PROPERTIES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

., 20STCV39124 Tentative decision on application for preliminary injunction: denied Plaintiff Douglas Merida (“Merida”) applies for a preliminary injunction enjoining Defendant NJR Three Properties, LLC (“NJR”) from interrupting his peaceful and quiet enjoyment of the real property located at 1468 12th Avenue, Los Angeles, CA 90019 (“Property”). The court has read and considered the moving papers and opposition (no reply was filed), and renders the following tentative decision. A.

  • Hearing

LAKE LINDERO HOME OWNERS ASSOCIATION, ET AL. VS CAROLINE FERADAY

BACKGROUND On November 13, 2019, Lake Lindero Homeowners Association (the HOA) and Christopher Barone (Plaintiff) filed a complaint against Caroline Feraday (Defendant) and Does 1 through 20, alleging claims for: (1) intentional infliction of emotional distress; (2) defamation; (3) false light; (4) interference with quiet enjoyment; (5) tortious interference; and (6) breach of contract. The HOA has since dismissed its claims against Defendant and is no longer a party to this action.

  • Hearing

JOCELYN FRYE, ET AL. VS ROBHANA GROUP INC

IMPLIED COVENANT AND WARRANTY CLAIMS — SECOND, THIRD, AND SIXTH CAUSES OF ACTION Defendants argue that the second, third, and sixth causes of action for breach of implied warranty of habitability, breach of the covenant of quiet enjoyment, and breach of the covenant of good faith and fair dealing, are demurrable as duplicative of Plaintiffs’ breach of contract claim. (Demurrer at pp. 13–15.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

SHELLY HART VS COURTNEY SULLIVAN, ET AL.

On September 15, 2020, Plaintiff filed a first amended complaint (FAC), alleging claims for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of the implied covenant of quiet enjoyment; (4) fraud – concealment; (5) fraud – intentional; (6) violation of Civil Code section 1671; (7) retaliation in violation of Civil Code section 1924.5; (8) breach of habitability in violation of Civil Code section 1941.1; (9) negligence; (10) negligent hiring, supervision, and

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

NEIGHBORS OF CHASE KNOLLS, ET AL. VS WK CK SHERMAN OAKS VENTURE, ET AL.

(4) Breach of Covenant of Quiet Enjoyment Sherman Oaks demurs to the second cause of action on grounds that it fails to state enough facts and is uncertain. Sherman Oaks alleges Plaintiffs have not alleged actual or constructive eviction as required to state a claim for breach of the covenant of quiet enjoyment. Plaintiffs oppose that vacation of the premises is not required to state a claim for breach of the covenant of quiet enjoyment. Sherman Oaks relies on Erlach v.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

JAN MASEK VS JUAN DOE, ET AL.

The Court finds that this case is not a Personal Injury Case under the First Amended Standing Order Re: Personal Injury Procedures, at the Spring Street Courthouse.he Complaint alleges breach of covenant of quiet enjoyment, negligent supervision, trespass, IIED, nuisance, violation of the Gane Act, and unfair business practices. Trial is not set in this matter.There is a pending motion to set aside the dismissal on November 12, 2020.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

D'ANDRE HUMES, ET AL. VS MARCILLA HAYSLETT, ET AL.

On March 16, 2018, Plaintiffs in pro per filed a complaint for Breach of Contract: Covenant of Quiet Enjoyment, Fraudulent Misrepresentation, and Intentional infliction of Emotional Distress. On April 6, 2018, counsel for Plaintiffs substituted into the case.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ENERGY SOLUTION PROS LLC, A LIMITED LIABILITY COMPANY, ET AL. VS KENNETH J. PINGREE, ET AL.

Plaintiff is alleging wrongful eviction, breach of contract, conversion, breach of quiet enjoyment and IIED. Defendant’s defense against these claims including a fact intense showing that Plaintiff was not using the unit as his residence and that he was illegally renting the unit out as an AirBnB unit. Just demonstrating that Plaintiff was not using the unit as his residence requires extensive discovery into how often he stayed there and the duration of each stay.

  • Hearing

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

FIRST SECURE EQUITY LLC, ET AL. VS 2304 SAWTELLE LLC, ET AL.

Therefore, Plaintiff FSE cannot bring forth causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and breach of the covenant of quiet enjoyment and the demurrer is sustained without leave to amend as to these causes of action.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ENRIQUE RICARDO VARGAS ET AL VS NINA R RINGOLD ET AL

FACTUAL BACKGROUND This is an action for trespass and breach of quiet enjoyment by a tenant against a landlord. The Complaint alleges as follows. Plaintiff Regina Ricardo (“Regina”) and her son, Enrique Ricardo-Vargas (“Enrique”) live in a residence leased to them by owner Defendant Eddye Melaragno (“Melaragno”) and managed by Melaragno’s daughter, Defendant Nina R. Ringgold (“Ringgold”). (Complaint ¶¶ 1–9.)

  • Hearing

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