Claims for breach of warranty of habitability

Useful Rulings on Breach of Warranty of Habitability

Recent Rulings on Breach of Warranty of Habitability

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 Warranty of Habitability (Violation of Civil Code § 1941.1) 2. Breach of Warranty of Habitability (Health & Safety Code § 17920.3) 3. Breach of Warranty of Habitability (Violation of Civil Code § 1942.4) 4. Negligence—Premises Liability 5. Nuisance 6. Battery 7. Intentional Infliction of Emotional Distress 8. Negligent Infliction of Emotional Distress 9. Breach of Contract 10.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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

SU YANG, ET AL. VS JDW ASSOCIATION, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;, ET AL.

Factual Background This is an action for breach of the warranty of habitability. The First Amended Complaint (“FAC”) alleges as follows.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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

First Cause of Action for Breach of the Warranty of Habitability A warranty of habitability is implied into residential leases in California that obliges a landlord to maintain premises in a habitable condition throughout the term of the lease. Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281, 1296-97 (2014).

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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

Following demurrer, Plaintiff filed her First Amended Complaint (“FAC”) on May 29, 2019, alleging nine causes of action sounding in (1) Breach of the Warranty of Habitability (Civ. Code §1941.1); (2) Breach of the Warranty of Habitability (Health & Saf. Code §17920.3); (3) Breach of the Warranty of Habitability (Civ.

  • 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

STUART MCCLAVE VS ALI HABIBI ET AL

of habitability v. all defs 4. negligence v. all defs 5. fraud v. defs HABIBI 6.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    Richard L. Fruin

  • County

    Los Angeles County, CA

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

MARYAM GHOLAMIRAD VS. BELLA VISTA APARTMENTS

On 21 December 20181, Plaintiff filed a complaint against Defendant asserting causes of action for: (1) Breach of Implied Warranty of Habitability (2) Breach of Implied Covenant of Quiet Use and Enjoyment (3) Fraud (4) Nuisance (5) Premises Liability (6) Negligence (7) Breach of Contract On 25 September 2019, Defendant filed an answer to Plaintiff’s complaint. B. The Cross-Complaint. On 26 November 2019, Defendant filed a cross-complaint.

  • Hearing

CARMELITA GOMEZ, AN INDIVIDUAL, ET AL. VS PARITOSH MAZUMDER, AN INDIVIDUAL, ET AL.

On April 25, 2019, Plaintiffs filed a complaint, asserting causes of action against Defendants MAZ Management LLC, Paritosh Mazumder (Defendants”) and Does 1-20 for: Negligence Nuisance Breach of Lease Breach of Implied Warranty of Habitability On September 18, 2019, this case was transferred from Department 3 (personal injury hub) to this instant department. A Case Management Conference is set for October 14, 2020. Discussion H.G.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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

First Cause of Action – Tortious Breach of Warranty of Habitability Defendant argues that Plaintiffs failed to sufficiently plead the elements of breach of warranty of habitability. (Motion at p. 6.)

  • 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

CHUN KIM VS SONG RAMBOLDT ET AL

The Complaint alleges seven causes of action for: 1) breach of contract; 2) breach of implied covenant of good faith and fair dealing; 3) breach of the implied warranty of habitability; 4) intentional misrepresentation; 5) negligent misrepresentation; 6) constructive eviction; and 7) negligence. The allegations of the Complaint arise out of a lease agreement for a high-end Hancock Park residential property located at 136 Freemont Place, Los Angeles, CA 90005 (the "Premises").

  • Hearing

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

KENNETH THOMPSON ET AL VS CORSICA APARTMENT HOMES ET AL

Breach of Implied Warranty of Habitability 5. NIED 6.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

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

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

¿¿This implied warranty of habitability does not require that a landlord ensure that leased premises are in perfect, aesthetically pleasing condition, but it does mean that ‘bare living requirements’ must be maintained.”¿¿(Green v. Superior Court¿(1974) 10 Cal.3d 616, 637.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MAINOR VS PARK III CONDOMINIUM HOMEOWNERS ASSOCIATION IMAGED]

See ROA # 33. 9th COA: Tortious Breach of Warranty of Habitability Plaintiff has not opposed the general Demurrer to this cause of action. As a result, the Demurrer is sustained. 10th COA: Negligence Paragraphs 60, 73 and 76 of the FAC are expressly incorporated into this cause of action. They allege Defendant Vondra failed to address the racial discrimination and harassment to which Plaintiff was subjected, and Vondra forced Plaintiff to pay association fines.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

MAINOR VS PARK III CONDOMINIUM HOMEOWNERS ASSOCIATION IMAGED]

See ROA # 33. 9th COA: Tortious Breach of Warranty of Habitability Plaintiff has not opposed the general Demurrer to this cause of action. As a result, the Demurrer is sustained. 10th COA: Negligence Paragraphs 60, 73 and 76 of the FAC are expressly incorporated into this cause of action. They allege Defendant Vondra failed to address the racial discrimination and harassment to which Plaintiff was subjected, and Vondra forced Plaintiff to pay association fines.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

EFRAIN CASTANEDA LOPEZ, ET AL. VS U. S. BANK NATIONAL ASSOCIATION , AS TRUSTEE FOR THE C- BASS MORTGAGE LOAN ASSET - BACKED CERTIFICATES, SERIES 2007 -CB1, ET

It is true that “[a] tenant may state a cause of action in tort against his landlord for damages resulting from a breach of the implied warranty of habitability.” Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903, 918-919. But whether an action is based on contract or tort depends upon the nature of the right sued upon and not the form of the pleading. Fairchild v. Park (2001) 90 Cal.App.4th 919, 925.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

BRAGGS VS. THOMPSON

The demurrer to the Second Cause of Action is overruled. 3rd Cause of Action—Breach of the Implied Warranty of Habitability; Violation of Civil Code § 1941 Plaintiffs allege entering into a written agreement to lease the premises. Every lease contains an implied warranty of habitability. Defendants breached the agreement by failing to make adequate repairs.

  • Hearing

  • Judge

    Burch

  • County

    Contra Costa County, CA

LARAE RANSOM, ET AL. VS LA PRO II PRESERVATION, L.P.

Code § 51); (5) violation of warranty of habitability (Civ. Code § 1941.1); (6) retaliation (Civ. Code § 1942.5); (7) breach of contract; (8) negligence; and (9) Bus. & Prof. Code § 17200. On October 14, 2020, Plaintiffs’ counsel, Annette Morasch and Matthew A. Kaufman, of The Kaufman Law Firm, filed the instant motions to be relieved as counsel.

  • Hearing

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

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