Claims for breach of warranty of habitability

Useful Rulings on Breach of Warranty of Habitability

Recent Rulings on Breach of Warranty of Habitability

26-50 of 1051 results

RUDY VERA ET AL VS CANON EQUITY PARTNERS LLC ET AL

.; (3) tortious breach of implied warranty of habitability; and (4) failure to pay relocation fees. On February 28, 2020, Hayashi filed a motion for an order granting leave to file a cross-complaint against CEP and Zoes 1 through 50. Hayashi’s motion is made on the grounds that: (1) informal meet and confer efforts with respect to the cross-complaint were unsuccessful; and (2) it is in the interest of justice to allow the proposed amendment.

  • Hearing

    Jul 20, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ANDREW HARRINGTON, ET AL. VS VARANT MARKARIAN, TRUSTEE OF THE MARKARIAN FAMILY TRUST, ET AL.

Harrington, and Sally Harrington, through her GAL, Wayne Harrington, through his GAL and Catherine Harrington, through her GAL RELIEF REQUESTED: Strike allegations of punitive and exemplary damages CAUSES OF ACTION: from Complaint 1) Breach of Warranty of Habitability 2) Breach of Warranty of Habitability 3) Breach of Warranty of Habitability 4) Negligence 5) Nuisance 6) Battery * 7) IIED 8) NIED 9) Breach of Contract 10) Breach of Covenant of Quiet Enjoyment *Cause of Action dismissed with prejudice

  • Hearing

    Jul 17, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KATHY L COX ET AL VS VN PARTNERSHIP ET AL

of Habitability 3) Breach of Warranty of Quiet Enjoyment 4) Nuisance 5) Violation of Civil Code Section 1941.1 et seq. 6) Discrimination 7) Unfair Business Practices 8) IIED SUMMARY OF FACTS: Plaintiff Kathy L.

  • Hearing

    Jul 17, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JENNY MEDINA ET AL VS ANTONINA ESPOSO ET AL

(1) Breach of Warranty of Habitability (2) Breach of the Covenant of Quiet Enjoyment in Violation of Civil Code §1927 (3) Breach of the Covenant of Good Faith and Fair Dealing (4) Breach of Contract (5) Negligence (6) Negligent Infliction of Emotional Distress (7) Intentional Infliction of Emotional Distress (8) Retaliation (Civil Code, §1942.5) (9) Unlawful Business Practices (10) Constructive Eviction On 6 January 2020, Defendants filed an answer to Plaintiffs’ complaint.

  • Hearing

    Jul 16, 2020

ARTEMIO PEREZ ET AL VS JS UNION LLC ET AL

In the complaint, Plaintiffs allege for breach of lease agreement, tortious breach of implied warranty of habitability, statutory breach of warranty of habitability, negligence, premises liability, violation of LAMC §1501.04 and Civil Code §1947.11 – charging excessive rent, nuisance, collection of rent on substandard dwelling (Civil Code section 1942.4), constructive eviction, breach of the covenant of quiet enjoyment, intentional infliction of emotional distress, and violation of Business & Professions Code

  • Hearing

    Jul 16, 2020

NANCI SAPER, AN INDIVIDUAL VS SOUTH REEVES PROPERTY, A CALIFORNIA LIMITED PARTNERSHIP

REASONING Defendant South Reeves Properties moves to strike the allegations supporting punitive damages from paragraph 41 in Plaintiff Nanci Saper’s fourth cause of action for breach of implied warranty of habitability and prayer seeking punitive and exemplary damages. Punitive damages may be recovered upon a proper showing of malice, fraud, or oppression. (Civ. Code, § 3294, subd. (a).)

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

11677-11683 GOSHEN AVENUE MANAGEMENT, LLC, ET AL. VS HOMELAND INSURANCE COMPANY OF NEW YORK, ET AL.

The Suttons’ suit was filed on December 2, 2016 and alleged: (1) breach of warranty of habitability (violation of Civil Code section §1941.1); (2) breach of warranty of habitability (violation of Civil Code section § 17920.3); (3) breach of warranty of habitability (violation of Civil Code section § 1942.4); (4) negligence – premises liability; (5) nuisance; (6) intentional infliction of emotional distress; (7) breach of contract; (8) breach of covenant of quiet enjoyment; and (9) fraud/deceit/intentional misrepresentation

  • Hearing

    Jul 16, 2020

  • Type

    Insurance

  • Sub Type

    Intellectual Property

JAY BLAKEMORE, ET AL. VS BERENDO GROUP, LLC, ET AL.

Second Cause of Action: Breach of Covenant of Habitability Under the implied warranty of habitability, a residential landlord “covenants that the premises he leases for living quarters will be maintained in a habitable state for the duration of the lease. This implied warranty of habitability does not require that a landlord ensure that leased premises are in perfect, aesthetically pleading condition, but it does mean that “bare living requirements” must be maintained.” (Green v.

  • Hearing

    Jul 16, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

WILSON VS. WELLS FARGO

Wells incurred substantial attorney fees in vigorously defending this 2012 lawsuit concerning breach of the warranty of habitability. The litigation entailed repeated demurrers and motions to strike and multiple trips to the court of appeal, with most of the hearings resulting in favorable rulings for Wells. Ultimately, Wells prevailed because plaintiffs failed to get the case to trial within 5 years.

  • Hearing

    Jul 15, 2020

MARITZA BEST, ET AL. V. SEVEN J. SHERWIN, ET AL.

Emailed 7/10 Background Plaintiffs’ complaint, filed June 12, 2018, alleges causes of action for negligence, negligent infliction of emotional distress, both common law and statutory breach of the implied warranty of habitability, private nuisance, breach of contract, and retaliatory eviction.

  • Hearing

    Jul 14, 2020

TAJSHA JORDAN, AN INDIVIDAUL, ET AL. VS BURBANK-CANTALOUPE ASSOCIATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

On October 31, 2019, Plaintiff filed a complaint against Burbank-Cantaloupe Associates, LLC, Jack Schwartz (erroneously sued as James Schwartz), and Lisa Schwartz asserting causes of action for: 1) Tortious Breach of The Warranty of Habitability (Negligence); 2) Tortious Breach of The Warranty of Habitability (Intentional Tort); 3) Breach of The Warranty of Habitability (Statute); 4) Breach of The Warranty of Habitability (Contract); 5) Nuisance (Civil Code § 3479); 6) Breach of Covenant of Quiet Enjoyment (

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

HILARY VON GERLACH VS. FRG PLAZA, LLC

The FAC clarifies that these damages are based upon the failures to accommodate and breach of warranty of habitability in refusing to provide a parking space close to the elevators. (FAC ¿25.) The FAC complied with the Court of Appeal opinion and rectified the defective pleading. The breach of warranty of habitability COA is sufficiently pled to overcome the demurrer. Request to add nuisance: Plaintiff’s request to add a new COA is improperly requested in the opposition to a demurrer.

  • Hearing

    Jul 14, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ELIZABETH NOEMY ZETINO ET AL VS 15025 SATICOY STREET INC ET

RESIDENTIAL SERVICES, INC.’S AMENDED MOTION FOR SUMMARY JUDGMENT Background Plaintiffs Elizabeth Noemy Zetino, Jessica Ivonne Zetino Morales, and Harlynn Amerylise Zetino Lopez, by and through her guardian ad litem, Elizabeth Noemy Zetino (collectively, “Plaintiffs”) filed this habitability action on May 10, 2018, asserting causes of action for violation of Civil Code section 1942.4, tortious breach of the warranty of habitability, private nuisance, violation of Business & Professions Code section 17200, and

  • Hearing

    Jul 14, 2020

  • Type

    Contract

  • Sub Type

    Breach

GEORGE LACAYO VS IRONWOOD VELVET, LLC, ET AL.

On March 13, 2020, Plaintiff filed a first amended complaint asserting causes of action for: 1) General Negligence/Premises Liability; 2) Breach of Implied Warranty of Habitability; 3) Negligent Maintenance of Premises; and 4) Nuisance. Defendant Ironwood now demurs to Plaintiff’s third cause of action for Negligent Maintenance of Premises on the grounds the cause of action is redundant and duplicative of the First Cause of Action for General Negligence/Premises Liability.

  • Hearing

    Jul 14, 2020

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

FELIPE GARCIA INGUEZ ET AL VS TED GUERRA

Introduction On February 27, 2019, Defendant Ted Guerra (“Defendant”) filed a Motion for Summary Judgment or, in the alternative, for Summary Adjudication on all the causes of action for Breach of Implied Warranty of Habitability, Tortious Breach of Implied Warranty of Habitaiblity, Negligence, Intentional Infliction of Emotional Distress, Private Nuisance, Violation of Civil Code section 1942.4, and Violation of Business and Professions Code section 17200 in Plaintiffs Felipe Garcia-Inguez, Madai Najera, Felipe

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SEAN ROSS PAUL VS TISHMAN SPEYER ARCHSTONE-SMITH ET AL

BACKGROUND On June 10, 2019, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) breach of express and implied contract; (2) breach of the covenant of good faith and fair dealing/breach of express/implied warranty of habitability; (3) fraud, negligent misrepresentation, and concealment; (4) negligence—premises liability; (5) negligence, negligent supervision, and negligent management (owner and manager); (6) negligence; (7) violation of California Business

  • Hearing

    Jul 10, 2020

MICAELA LEYVA VS. KAREN BACA AN INDIVIDUAL

EC 065134 Causes of Action: From Complaint 1) Breach of Implied Warranty of Habitability 2) Demand for Rent for Uninhabitable Dwelling 3) Negligent Maintenance of Premises 4) Violation of Unfair Competition Law 5) Breach of the Covenant of Quiet Enjoyment 6) Nuisance 7) IIED 8) NIED Causes of Action: From (Mendoza) Complaint 1) Wrongful Eviction 2) Retaliatory Eviction 3) Conversion 4) Breach of Implied Warranty of Habitability 5) Demand for Rent for Uninhabitable Dwelling 6) Negligent Maintenance

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    other

KELSEA SAKAMOTO VS GLENOAKS TOWNHOMES LLC, ET AL.

The complaint alleges causes of action for breach of contract, breach of implied warranty of habitability/tenantability, breach of implied warranty of quiet enjoyment, negligence, constructive eviction, nuisance, breach of the covenant of good faith and fair dealing, negligent misrepresentation and intentional misrepresentation. ANALYSIS: Procedural Untimely Opposition Plaintiff has filed an untimely opposition to this motion.

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

EMIL MATUSENKO ET AL VS DALCO FORENSIC CONSULTANTS INC ET AL

On June 28, 2019, Plaintiffs filed a first amended complaint (FAC), alleging causes of action for: (1) breach of implied warranty of habitability; (2) nuisance; (3) negligence; (4) violation of Toxic Mold Protection Act; (5) breach of the covenant of quiet enjoyment; (6) breach of contract; (7) breach of implied covenant of good faith and fair dealing; (8) declaratory relief; (9) negligence – broker/agent; (10) fraud; (11) Business and Professions Code sections 17200, et seq.; and (12) Business and Professions

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GILBERT VALDEZ, ET AL. VS DARSHANA GARG, ET AL.

The Complaint asserts causes of action for (1) fraudulent concealment, (2) retaliatory eviction, (3) violation of Civil Code section 1942.4, (4) breach of warranty of habitability, (5) breach of the covenant of quiet enjoyment, (6) nuisance, and (7) unfair business practices. Plaintiffs’ claims arise from their rental of Defendants’ apartment unit located at 4110 Elrovia Avenue, El Monte, California (Premises).

  • Hearing

    Jul 08, 2020

DEBORAH HOLLOWAY, ET AL. VS INVESTMENT CONCEPTS, INC., A CALIFORNIA CORPORATION, ET AL.

Specifically, in the context of breach of implied warranty of habitability cases, “[t]o support an award of punitive damages on the basis of conscious disregard of the safety of others, a plaintiff ‘must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he willfully and deliberately failed to avoid those consequences.’” (Penner v. Falk (1984) 153 Cal. App. 3d 858, 867.)

  • Hearing

    Jul 08, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ROY SILVER, ET AL. VS A.G. PROPERTIES, INC., ET AL.

Defendant also contends that the cause of action “appears to be little more than an unnecessary duplication of the first and second causes of action for breach of the warranty of habitability and breach of the implied covenant of quiet enjoyment.” (Demurrer at p. 8.) Although the alleged misconduct appears to be the same, the legal theories are different. Accordingly, the Court overrules the demurrer to the sixth cause of action.

  • Hearing

    Jul 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

SHILLETTE BUSBY, ET AL. VS RICHARD VAUGHN, ET AL.

The Complaint alleges seven causes of action for: 1) denial of civil rights; 2) disability discrimination – Unruh Civil Rights Act; 3) breach of the warranty of habitability; 4) negligence; 5) unfair business practices; 6) breach of the covenant of quiet enjoyment; and 7) breach of contract. On July 8, 2019, the Court sustained the Vaughn Defendants’ demurrer to the Complaint as to the first cause of action and granted their motion to strike with leave to amend as to punitive damages.

  • Hearing

    Jul 02, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

KATAYOUN TAGHIZADEH FAZLI ET AL VS ACTION PROPERTY MANAGMENT

Breach of Implied Warranty of Habitability 2. Nuisance 3. Breach of Lease 4. Negligence 5. Fraud/Concealment 6. Negligent Misrepresentation 7. Intentional Infliction of Emotional Distress (“IIED”) 8. Unfair Business Practices William Byron is not charged with the 3rd cause of action for breach of lease. SUMMARY OF ALLEGATIONS Plaintiff was a tenant of the property at 242 Glendora Ave. #2, Long Beach, California commencing June 24, 2013.

  • Hearing

    Jul 02, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  « first    1 2 3 4 5 6 7 8 9 10 ... 43     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we gather your results.