Claims for breach of warranty of habitability

Useful Rulings on Breach of Warranty of Habitability

Recent Rulings on Breach of Warranty of Habitability

226-250 of 1051 results

ANNA MEZHERITSKY VS DOROTHY KOVICH KLEIN; ET AL

BACKGROUND On May 10, 2018, Anna Mezheritsky filed a complaint against Dorothy Kovich Klein and Thomas Kovich for (1) tortious breach of implied warranty of habitability, (2) statutory breach of warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) IIED, (5) NIED, (6) nuisance, (7) negligent maintenance, (8) breach of contract, (9) breach of the implied covenant of good faith and fair dealing, (10) constructive and retaliatory eviction, (11) trespass, and (12) violation of Bus. & Prof

  • Hearing

    Sep 26, 2019

  • Type

    Business

  • Sub Type

    Intellectual Property

  • County

    Los Angeles County, CA

CHELSEY A. RILEY VS HOLLYWOOD PLAZA LLC, ET AL.

Third Cause of Action For Negligent Breach of the Warranty of Habitability, Fourth Cause of Action for Negligent Breach of the Covenant of Quiet Enjoyment, Fifth Cause of Action for Intentional Breach of the Warranty of Habitability and Sixth Cause of Action for Intentional Breach of the Covenant of Quiet Enjoyment A breach of the warranty of habitability and breach of the covenant of quiet enjoyment can be both support both contract and tort causes of action. (Stoiber v.

  • Hearing

    Sep 26, 2019

ANNA MEZHERITSKY VS DOROTHY KOVICH KLEIN; ET AL

BACKGROUND On May 10, 2018, Anna Mezheritsky filed a complaint against Dorothy Kovich Klein and Thomas Kovich for (1) tortious breach of implied warranty of habitability, (2) statutory breach of warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) IIED, (5) NIED, (6) nuisance, (7) negligent maintenance, (8) breach of contract, (9) breach of the implied covenant of good faith and fair dealing, (10) constructive and retaliatory eviction, (11) trespass, and (12) violation of Bus. & Prof

  • Hearing

    Sep 25, 2019

  • Type

    Business

  • Sub Type

    Intellectual Property

  • County

    Los Angeles County, CA

CORNELIUS HINES; ET AL VS CLEMENTHA M. DILLARD; ET AL

Dillard for (1) breach of contract, (2) breach of implied warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) violation of Civil Code §1942.4, (5) nuisance, (6) negligence, and (7) premises liability. Plaintiffs allege that defendant is the owner of the property at 8414 Byrd Avenue, Inglewood. On June 11, 2019, plaintiffs filed a First Amended Complaint against Alex Borden, as administrator of the Estate of Clementha M. Dillard.

  • Hearing

    Sep 25, 2019

  • County

    Los Angeles County, CA

REFAAT BESHARA VS GARDENA SENIOR HOUSING, INC; ET AL

Beshara filed an answer in the unlawful detainer case on July 7, 2017, alleging defenses based upon breach of the implied warranty of habitability, estoppel, waiver, or bad faith, defective notice, Gardena’s standing, and retaliation/discrimination. On August 17, 2017, Beshara’s civil action (YC072201) was consolidated with the UD action.

  • Hearing

    Sep 24, 2019

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

  • County

    Los Angeles County, CA

EDA JOYA CASTILLO ET AL VS MAJD INC ET AL

Plaintiffs’ complaint includes claims for negligence, breach of the warranty of habitability, breach of the covenant of quiet enjoyment, violation of Civil Code §1941.1, nuisance, constructive eviction, and IIED. Noel and Daniel are minor children, and are appearing in the action by and through their GAL, Eda Joya Castillo. At this time, Plaintiffs have agreed to settle this action with Defendants for the total amount of $40,000.

  • Hearing

    Sep 24, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BRASCH VS THE FOUNTAINS RE: DEMURRER TO COMPLAINT OF NITA BRASCH BY WATERMARK RETIREMENT COMMUNITIES, WATERMARK CARLOTTALLC

Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42. 1st – 3rd Causes of Action for Breach of Warranty of Habitability: A warranty of habitability is implied in all residential rental agreements. Green v. Sup. Ct. (Sumski) (1974) 10 Cal.3d 616, 629. The implied warranty imposes upon the landlord the obligation to maintain leased dwellings in habitable condition throughout the term of the lease. Peterson v. Sup. Ct. (Banque Paribas) (1995) 10 Cal.4th 1185, 1204; Civil Code § 1941.

  • Hearing

    Sep 23, 2019

ERIKA RIVAS, ET AL. VS PROPERTY MANAGEMENT ASSOCIATES, INC., A CALIFORNIA CORPORATION, ET AL.

In Plaintiffs’ March 29, 2019, Complaint, they allege ten causes of action sounding in (1) Breach of Warranty of Habitability (Civ. Code §1941.1), (2) Breach of Warranty of Habitability (Health & Saf. Code §17920.3), (3) Breach of Warranty of Habitability (Civ.

  • Hearing

    Sep 20, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JESSICA KRAMER VS WARREN PROPERTIES 2021 OLIVE

CAUSES OF ACTION: From Second Amended Complaint 1) Breach of Implied Warranty of Habitability 2) General Negligence 3) Nuisance 4) Breach of Contract 5) Premises Liability 6) Negligence of Hiring, Supervision, Training and Retention 7) Gross Negligence FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Jessica Kramer alleges that in October of 2015 she contracted to rent a residence in Burbank from defendants Warren Properties, Inc. and 2021 Olive.

  • Hearing

    Sep 20, 2019

SILVIA VARELA ET AL VS R SCOTT TUCKER & ASSOCIATES ET AL

Scott Tucker and Associates, et al. for damages arising out of alleged breaches of the warranty of habitability. Plaintiffs filed the complaint on 12/21/16. On 2/27/19, the Court held an OSC re: dismissal for failure to prosecute. Plaintiffs failed to appear, and the Court dismissed the case. At this time, Plaintiffs move to set aside the dismissal. Plaintiffs’ attorney declares he lost the file in this case when his office moved furniture around, and he only recently found the file.

  • Hearing

    Sep 19, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

REFAAT BESHARA VS GARDENA SENIOR HOUSING, INC; ET AL

Beshara filed an answer in the unlawful detainer case on July 7, 2017, alleging defenses based upon breach of the implied warranty of habitability, estoppel, waiver, or bad faith, defective notice, Gardena’s standing, and retaliation/discrimination. On August 17, 2017, Beshara’s civil action (YC072201) was consolidated with the UD action.

  • Hearing

    Sep 18, 2019

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

ANNA LOFTON VS SHIRLEY M FALK

Faulk alleging breach of implied warranty of habitability, breach of covenant of quiet use and enjoyment, negligence, premises liability, violation of California Civil Code section 1942.4, nuisance, negligent failure to provide habitable premises, violation of Business & Professions Code section 17200, and violation of Los Angeles Municipal Code section 151.00, et seq. The complaint arises from aPlaintiff living in a vermin and cockroach infested apartment for four years.

  • Hearing

    Sep 18, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

WESTLAKE SERVICES, LLC VS TONIO BLAND

The jury returned a special verdict, finding in favor of Plaintiff on negligence, tortious breach of warranty of habitability, intentional influence to vacate claim, retaliatory eviction, violation of the LA Rent Stabilization Ordinance claim, and that the transfer of the property from the 1132 Hyperion Avenue Trust to Gingko Rose Ltd. was fraudulent. On August 28, 2013, the court (Judge Hogue, Dept. 91) entered judgment. (See August 28, 2013 Judgment on Jury Verdict and Court Decision.)

  • Hearing

    Sep 18, 2019

(NO CASE NAME AVAILABLE)

FIRST AND SECOND CAUSES OF ACTION – BREACH OF WARRANTY OF HABITABILITY Defendants further argue that Plaintiffs failed to sufficiently plead the elements of breach of warranty of habitability.

  • Hearing

    Sep 17, 2019

PHAM VS. JASMINE PLACE

As to the 1st through 3rd COAs (breach of warranty of habitability, breach of the covenant of quiet enjoyment, and constructive eviction), the Court finds Plaintiffs failed to meet their burden to establish a triable issue exists as to any of these causes of action. Defendant contends these claims fail as a matter of law because it complied with its obligations under the lease and California law by promptly ordering fumigation services each time Plaintiffs complained of bugs in their unit.

  • Hearing

    Sep 17, 2019

REFAAT BESHARA VS GARDENA SENIOR HOUSING, INC; ET AL

Beshara filed an answer in the unlawful detainer case on July 7, 2017, alleging defenses based upon breach of the implied warranty of habitability, estoppel, waiver, or bad faith, defective notice, Gardena’s standing, and retaliation/discrimination. On August 17, 2017, Beshara’s civil action (YC072201) was consolidated with the UD action.

  • Hearing

    Sep 17, 2019

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

SHANEKQUA JACKSON ET AL VS WOODBURN HOUSING LLC ET AL

[TENTATIVE] ORDER RE: (6) PETITIONS TO APPROVE MINORS’ COMPROMISE Background On November 10, 2016, Plaintiffs filed this action against Defendants alleging negligent maintenance of premises, nuisance, breach of warranty of habitability, breach of covenant of quiet enjoyment, negligent violations of statutory and legal duties, intentional violations of statutory and legal duties, and constructive eviction.

  • Hearing

    Sep 17, 2019

TASHANDA TAYLOR, ET AL. VS MY ANGEL MERCADEL

BACKGROUND Plaintiffs filed a complaint arising from an alleged slum housing conditions at Plaintiffs’ leased premises located at 637 North Hayworth, Apartment 1, Los Angeles, CA 90048 (the “Subject Property”), alleging causes of action for: (1) breach of implied warranty of habitability in violation of California Civil Code, Section 1941.1; (2) habitability in violation of California Health and Safety Code, Section 17920.3; (3) habitability in violation of California Civil Code, 1942.4; (4) negligence—premises

  • Hearing

    Sep 17, 2019

JACK VAUGHN ET AL VS BARBARA DARWISH ET AL

The jury returned a special verdict, finding in favor of Plaintiff on negligence, tortious breach of warranty of habitability, intentional influence to vacate claim, retaliatory eviction, violation of the LA Rent Stabilization Ordinance claim, and that the transfer of the property from the 1132 Hyperion Avenue Trust to Gingko Rose Ltd. was fraudulent. On August 28, 2013, the court (Judge Hogue, Dept. 91) entered judgment. (See August 28, 2013 Judgment on Jury Verdict and Court Decision.)

  • Hearing

    Sep 17, 2019

(NO CASE NAME AVAILABLE)

BACKGROUND Plaintiffs filed a complaint arising from an alleged slum housing conditions at Plaintiffs’ leased premises located at 637 North Hayworth, Apartment 1, Los Angeles, CA 90048 (the “Subject Property”), alleging causes of action for: (1) breach of implied warranty of habitability in violation of California Civil Code, Section 1941.1; (2) habitability in violation of California Health and Safety Code, Section 17920.3; (3) habitability in violation of California Civil Code, 1942.4; (4) negligence—premises

  • Hearing

    Sep 17, 2019

LUIS ZULETA, ET AL. VS ELIZA KIM

Plaintiffs filed a complaint alleging causes of action for: (1) retaliation in violation of California Civil Code, Sections 1942.5(a) and 1942.5(d); (2) breach of the implied warranty of habitability; (3) violation of California Civil Code, Section 1940.2—covenant of quiet enjoyment; (4) violation of California Civil Code, Section 52.1—Bane Act; (5) breach of common law duty of care, including tortious negligence, negligence per se, and negligent infliction of emotional distress; (6) violation of California

  • Hearing

    Sep 13, 2019

DAVID KANG VS AVALON BAY COMMUNITIES, INC., A MARYLAND CORPORATION, ET AL.

Avalon Defendants demur to the 2nd cause of action for breach of warranty of habitability, arguing that Plaintiff has not alleged sufficient facts. The 2nd cause of action alleges that the defective conditions posed health and safety hazards that breached the implied warranty of habitability, Defendants had actual or constructive notice of the defective conditions but failed to make repairs or abate the condition, and Plaintiff did not cause or create the defective conditions. (Compl., ¶¶25-27.)

  • Hearing

    Sep 13, 2019

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • County

    Los Angeles County, CA

CASTILLO, ET AL. V. KANG, ET AL.

Factual This is an action for breach of contract and breach of the implied warranty of habitability, among other things, between 20 residential tenants and their landlords. Plaintiffs, who are comprised of both adults and minors, reside in a 40 unit apartment complex located in San Jose. Plaintiffs allege that the property is “dilapidated,” “unsafe” and that Defendants failed to maintain the property in a habitable condition.

  • Hearing

    Sep 12, 2019

RAULSTON VS. MORENO

Plaintiffs do not cite—and the Court cannot locate—any authority to support the proposition that either the statutory scheme or the implied warranty of habitability requires a landlord to provide, and then subsequently repair or maintain, any appliance. None of the cases cited by Plaintiffs or uncovered by the Court’s research relate to appliances, either. The Court concludes that paragraph 11 of the lease is not void as contrary to public policy.

  • Hearing

    Sep 12, 2019

SOLEDAD GUTIERREZ ET AL VS ROMELIA ORNELAS ET AL

On May 7, 2019, Plaintiffs filed a first amended complaint (“FAC’), asserting causes of action for breach of warranty of habitability, negligent maintenance of premises, and intentional infliction of emotional distress. On June 10, 2019, Defendants filed a demurrer and motion to strike, with a hearing date set for July 30, 2019 in Department 4A of the Spring Street Courthouse.

  • Hearing

    Sep 12, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Salvatore Sirna or Gary Y. Tanaka

  • County

    Los Angeles County, CA

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