Claims for breach of warranty of habitability

Useful Rulings on Breach of Warranty of Habitability

Recent Rulings on Breach of Warranty of Habitability

76-100 of 1042 results

TAROKH VS LYON MANAGEMENT GROUP INC

The remaining claims are for breach of warranty of habitability, negligence, nuisance, intentional infliction of emotional distress ("IIED"), and breach of contract. Trial call was continued to June 13, 2020 and the motion/discovery cutoff date has passed. ROA # 55. On January 23, 2020, plaintiffs filed this motion for leave to add a claim for punitive damages.

  • Hearing

    Mar 12, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SHAWNTEE RICHARDSON VS MARY BENNETT, ET AL.

Code, § 12955]; Gender Violence; Sexual Battery; Assault; Battery; Tenant Harassment; Retaliatory Eviction; Breach of Implied Covenant of Quiet Enjoyment; Intentional Infliction of Emotional Distress; Negligent Infliction of Emotional Distress; Breach of the Implied Warranty of Habitability; and Nuisance Lane Nussabaum, counsel for Defendants, now moves the Court to withdraw from the action. The motion is unopposed. For the reasons set forth below, the Court grants the motion.

  • Hearing

    Mar 12, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

  • Judge

    Salvatore Sirna or Gary Y. Tanaka

  • County

    Los Angeles County, CA

KEITH ANDERSON VS STILL WELL HOTEL, ET AL.

Claims for breaches of the warranty of habitability can support claims for punitive damages. (See e.g., Stoiber v. Honeychuck (“Stoiber”) (1980) 101 Cal.App.3d 903, 920.) Here it is alleged that Anderson repeatedly complained to Defendants regarding the bedbug infestation, and that the infestation was so severe that Anderson sought medical attention, but that Defendants intentionally failed to remedy the bedbug infestation.

  • Hearing

    Mar 12, 2020

TAROKH VS LYON MANAGEMENT GROUP INC

The remaining claims are for breach of warranty of habitability, negligence, nuisance, intentional infliction of emotional distress ("IIED"), and breach of contract. Trial call was continued to June 13, 2020 and the motion/discovery cutoff date has passed. ROA # 55. On January 23, 2020, plaintiffs filed this motion for leave to add a claim for punitive damages.

  • Hearing

    Mar 12, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

RIDDEN VS. EAGLE PROPERTY

Tentative ruling for March 10, 2020 on Defendant Mount Clef's Demurrer and Motion to Strike Demurrer Third cause of action for breach of warranty of habitability (CC 1942.4) The court SUSTAINS, WITH LEAVE TO AMEND, the demurrer to the third cause of action. The complaint does not include allegations that a public officer inspected the subject property, or Plaintiffs' specific unit, and issued citations against Defendant.

  • Hearing

    Mar 10, 2020

MESHAK MOORE VS BAMBOO RETREATS LLC

The Court addresses each cause of action: u First Cause of Action for Breach of Implied Warranty of Habitability—Civil Code §§ 1941 & 1941: This claim involves economic damages consisting of rents due and paid (Complaint, ¶ 66), personal property damages (¶ 69) and costs to repair/clean and for temporary alternative accommodations (¶ 69)—none of which would be within the scope of the arbitration clause—as well as physical and mental distress (¶¶ 67, 70), which are within the scope of the arbitration clause.

  • Hearing

    Mar 10, 2020

SOCORRO SANCHEZ ET AL VS PENMAR MANAGEMENT AND FINANCE INC

Plaintiffs filed a complaint against Defendants alleging causes of action for: (1) breach of the implied warranty of habitability; (2) negligence; (3) nuisance; and (4) violation of Los Angeles Municipal Code, Sections 151.04/151.10.

  • Hearing

    Mar 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

EMIL MINAS HAFTVANI VS 5045 KLUMP AVENUE APARTMENTS, LLC, ET AL.

Plaintiff filed an initial Complaint on September 25, 2019, and then filed the operative First Amended Complaint (“FAC”) on December 05, 2019, alleging eight causes of action sounding in (1) Negligence, (2) Breach of Warranty of Habitability, (3) Breach of the Covenant of Quiet Enjoyment, (4) Nuisance, (5) Breach of Contract, (6) Breach of the Covenant of Good Faith and Fair Dealing, (7) Intentional Infliction of Emotional Distress (“IIED”), and (8) Violation of Bus. & Prof. Code §17200 et seq.

  • Hearing

    Mar 06, 2020

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

    Mar 04, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

  • County

    Los Angeles County, CA

ANALEYDA AVILA HERNANDEZ, ET AL. VS SUPER K MANAGEMENT, LLC

Discussion In this landlord-tenant habitability case, Plaintiffs allege causes of action for: 1) violation of Civil Code § 1942.4; 2) tortious breach of the warranty of habitability; 3) private nuisance; 4) Business & Professions Code § 17200 et seq.; and 5) negligence. Defendant filed the instant motion to strike portions of the Complaint’s prayer for relief requesting a) attorney fees and b) exemplary and punitive damages.

  • Hearing

    Mar 04, 2020

  • Type

    Contract

  • Sub Type

    Breach

BRINA WASHINGTON, ET AL. VS VANETTA N MOSBY, ET AL.

., Art Summerville Realty and Property Management, Art Summerville, City of Los Angeles, and City of Inglewood for negligence, negligent violation of statutory duty, breach of implied warranty of habitability, breach of statutory warranty of habitability, nuisance, breach of covenant of quiet enjoyment, collection of rent for untenable dwelling, constructive eviction, unlawful business practice, and breach of contract. A motion for summary judgment is set for April 2, 2020.

  • Hearing

    Mar 03, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • County

    Los Angeles County, CA

CHANEE HUDSON VS 4126 ASSOCIATES LP ET AL

On October 24, 2018, plaintiff filed a First Amended Complaint against 4126 Associates LP and Frank Martini for breach of implied warranty of habitability, breach of contract, breach of covenant of good faith and fair dealing, negligence, negligence per se, premises liability, negligent misrepresentation, concealment, and unfair business practices.

  • Hearing

    Feb 28, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • County

    Los Angeles County, CA

MEHRARA VS PETERSON

Plaintiff now alleges two causes of action for: (1) breach of the implied warranty of habitability and (2) violation of Civil Code § 1950.5. Procedural History Plaintiff filed this action on August 23, 2018. The sole defendant named in the complaint is the landlord – Cynthia Peterson.

  • Hearing

    Feb 27, 2020

  • Type

    Contract

  • Sub Type

    Breach

MEHRARA VS PETERSON

Plaintiff now alleges two causes of action for: (1) breach of the implied warranty of habitability and (2) violation of Civil Code § 1950.5. Procedural History Plaintiff filed this action on August 23, 2018. The sole defendant named in the complaint is the landlord – Cynthia Peterson.

  • Hearing

    Feb 27, 2020

  • Type

    Contract

  • Sub Type

    Breach

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

    Feb 25, 2020

LAURA SHAPIRO ET AL VS MORAD BEN NEMAN ET AL

In the Third Amended Complaint (“TAC”), Plaintiffs allege seventeen causes of action based on breach of the implied warranty of habitability, negligence, and various statutory violations. On October 10, 2018, the Court sustained Defendants’ demurrer without leave to amend to the following causes of action: (10) constructive eviction, (12) abuse of process and frivolous filings, (17) breach of oral contract, and (24) fraud.

  • Hearing

    Feb 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LAKE CUNNINGHAM, ET AL. VS. PETER COELER, ET AL.

Plaintiffs allege that defendants evicted plaintiffs in retaliation for contacting the housing department, in violation of Civil Code § 1942.5 and breached the implied warranty of habitability in violation of Civil Code § 1941. The file shows that on October 4, 2019, the court heard several discovery motions, including motions to deem requests for admissions admitted as to each plaintiff. The motions were deemed moot due to the service of responses before the hearing.

  • Hearing

    Feb 21, 2020

DEANNA AIVAZIAN VS. SARKIS TERSAKIAN ET AL

The third amended complaint (“TAC”), filed January 9, 2019, alleges cause of action for: (1) breach of contract; (2) negligence; (3) breach of implied warranty of habitability and tenantability; (4) breach of implied covenant of quiet use and enjoyment; (5) constructive eviction; (6) violation of statute – Civ. Code, §1942.5; (7) violation of statute – CCP §789.3; and (8) NIED. B.

  • Hearing

    Feb 21, 2020

  • County

    Los Angeles County, CA

KAREN BAGDOYAN ET AL VS ELVIR BABAKHANLOO ET AL

Based on the foregoing, plaintiffs waived any cause of action based on the warranty of habitability or illegality of the dwelling, which forms the basis of plaintiffs’ allegations here. (See Compl. ¶¶ 13-31.) “A court-approved settlement acts as a final judgment on the merits for the purposes of res judicata.” (Consumer Advocacy Group, Inc. v. ExxonMobil Corp. (2008) 168 Cal.App.4th 675, 694.) A release of “all claims and causes of action” in settlement agreement must be given a comprehensive scope.

  • Hearing

    Feb 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SHAHNAZ AMIRTALESH VS ROCHELLE H. STERLING, ET AL.

Defendants demur to the nuisance cause of action on the ground that Plaintiff relies on the same facts about lack of due care in alleging her breach of warranty of habitability and negligence claims as far as her nuisance claim is concerned. Defendant argues that under El Escorial Owners' Assn. v. DLC Plastering, Inc. (2007) 154 Cal.

  • Hearing

    Feb 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ALYSSA MBELU VS HELLER

Therefore, the demurrer to the negligence and breach of the implied warranty of habitability claims is overruled. Motion to Strike The Court finds that plaintiffs have alleged sufficient facts at this stage of the case to support a request for punitive damages. Therefore, the motion to strike is denied. This is the tentative ruling for an appearance hearing at 1:30 p.m. on Friday, February 21, 2020.

  • Hearing

    Feb 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ALYSSA MBELU VS HELLER

Therefore, the demurrer to the negligence and breach of the implied warranty of habitability claims is overruled. Motion to Strike The Court finds that plaintiffs have alleged sufficient facts at this stage of the case to support a request for punitive damages. Therefore, the motion to strike is denied. This is the tentative ruling for an appearance hearing at 1:30 p.m. on Friday, February 21, 2020.

  • Hearing

    Feb 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SEAN ROSS PAUL VS TISHMAN SPEYER ARCHSTONE-SMITH ET AL

On October 10, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”) 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

    Feb 20, 2020

ALYSSA MBELU VS HELLER

Therefore, the demurrer to the negligence and breach of the implied warranty of habitability claims is overruled. Motion to Strike The Court finds that plaintiffs have alleged sufficient facts at this stage of the case to support a request for punitive damages. Therefore, the motion to strike is denied. This is the tentative ruling for an appearance hearing at 1:30 p.m. on Friday, February 21, 2020.

  • Hearing

    Feb 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JOSE ARREOLA ET AL VS SNS INVESTMENT LLC

Plaintiffs allege six causes of action against all Defendants: (1) breach of the 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 § 1942.4 and (6) private nuisance. On September 4, 2019, Plaintiff filed an amendment to the Complaint naming Defendant, Real Estate Specialists (“RES”) as doe number 2.

  • Hearing

    Feb 20, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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