Claims for breach of warranty of habitability

Useful Rulings on Breach of Warranty of Habitability

Recent Rulings on Breach of Warranty of Habitability

1001-1025 of 1051 results

ROBERT DE LA O VS. TIM T FU

Overruled demurrer to the 2d Cause of Action because an implied warranty of habitability is implied in all residential leases. (Green v. Superior Court (1974) 10 Cal.3d 616, 629.)

  • Hearing

    Oct 22, 2013

  • Type

    Real Property

  • Sub Type

    other

MARIA VANCIL VS. SAM QUON PON ET AL

Demurrer is overruled as to negligence, breach of warranty of habitability, NIED, IIED. = (501/REQ)

  • Hearing

    Oct 01, 2013

INGER BUDKE ET AL VS HOUSING AUTHORITY OF SANTA BARBARA ETC

“If the court determines that there has been ‘no substantial breach of Section 1941 of the Civil Code or of any warranty of habitability’ the ‘landlord shall be the prevailing party for the purposes of awarding costs or attorneys’ fees pursuant to any statute or the contract of the parties.’” Larson v. City and County of San Francisco (2011) 192 Cal.App.4th 1263, 1297-1298.

  • Hearing

    Sep 23, 2013

INGER BUDKE ET AL VS HOUSING AUTHORITY OF SANTA BARBARA ETC

“If the court determines that there has been ‘no substantial breach of Section 1941 of the Civil Code or of any warranty of habitability’ the ‘landlord shall be the prevailing party for the purposes of awarding costs or attorneys’ fees pursuant to any statute or the contract of the parties.’” Larson v. City and County of San Francisco (2011) 192 Cal.App.4th 1263, 1297-1298.

  • Hearing

    Aug 19, 2013

MESHA MONGE-IRIZARRY VS. THE BANK OF NEW YORK MELLON ET AL

Despite being given an opportunity to do so, Plaintiff failed to allege tender and all elements of cause of action for breach of warranty of habitability. Additionally, Plaintiff fails to cite any authority for the proposition that by virtue of assignment Deed of Trust loses its priority. See Hohn v. Riverside County (1964) 228 Cal.App.2d 605; CCP 764.045.Plaintiff's counsel is ordered to comply with SFLR 2.6B in future. = (501/REQ)

  • Hearing

    Jul 16, 2013

MATTHEW VAN DYK ET AL VS SHERI NICHOLS ET AL

The latter argument is not only inconsistent, it runs contrary to plaintiffs’ third, fourth, and sixth causes of action for breach of contract and breach of the implied warranty of habitability. Moreover, the declaration of Janette Hope, M.D., which plaintiffs submitted in support of their contention that the lease agreement is void, is without any evidentiary value as it lacks foundation or personal knowledge. Dr.

  • Hearing

    Jul 12, 2013

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

SARA POWELL VS. HAWK LOU ET AL

Complaint alleges residential use of the premises pursuant to agreement with landlord (2) rendering applicability of SFRO and warranty of habitability an issue of fact not appropriate to be raised on demurrer. =(501/REQ)

  • Hearing

    Jun 19, 2013

ONDRE JACKSON VS. JUVENAL CAMPOS

This is an action for breach of contract, breach of implied warranty of habitability, negligence, nuisance, and statutory violations brought by residents of an apartment complex. Ten of the plaintiffs are minors under the age of 14. Plaintiffs move for a trial preference under CCP 36(b).

  • Hearing

    May 28, 2013

  • Type

    Contract

  • Sub Type

    Breach

REGINA PERRY ET AL VS MARGARET DEACON ET AL

As for No. 50.6, plaintiff again responded that she did not believe its terms were ambiguous; her clarification as to the breach of the implied warranty of habitability does not reflect on the terms itself, only the essential failure of consideration in having rented an uninhabitable home. The Court will not require further response.

  • Hearing

    May 15, 2013

MAKI KAYANO VS. DAVID WALZER ET AL

DEFENDANT DAVID WALZER's DEMURRER TO 2ND AMENDED COMPLAINT 1st c/a for constructive eviction- OVERRULED, Plaintiff alleges that she was deprived of "beneficial enjoyment" of the premises; 2nd and 3rd c/a for IIED and NIED- SUSTAINED WITH LEAVE TO AMEND to allege facts amounting to outrageous behavior; 4th c/a for breach of warranty of habitability - SUSTAINED WITH LEAVE TO AMEND to allege facts showing that Defendant's actions rendered premises rented to Plaintiff uninhabitable; 5th and 6th c/a for negligence

  • Hearing

    Apr 19, 2013

MESHA MONGE-IRIZARRY VS. THE BANK OF NEW YORK MELLON ET AL

Defendant's Demurrer to Second Amended Complaint sustained with leave to amend to allege tender; duty under CCC 2924b(c)(2), breach of duty under CCC 2924g; fraud with particularity; all elements of breach of warranty of habitability. Plaintiff shall also allege actionable conduct in view of Ross v. Title Guar. & Trust Co. (1934) 136 Cal. App. 393, 399. =(501/AJR)

  • Hearing

    Apr 12, 2013

KAYKHOSRO REGHABI ET AL VS MICHAEL GILSON ET AL

In their second amended complaint (SAC), plaintiffs asserted causes of action for breach of contract, breach of the implied warranty of habitability, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. The case was consolidated with a small claims action in which Gilson sued the four plaintiffs in this case among others. Case No. 1382011. On June 7, 2012, defendant served form and special interrogatories and a demand for production of documents on plaintiffs.

  • Hearing

    Mar 28, 2013

NING-TIAN ZHANG VS TIMOTHY GRAY

Gray answered the complaint denying the allegations of the complaint and asserting as an affirmative defense that Zhang violated the warranty of habitability in failing to cure a significant rat infestation that pre-dated Gray’s tenancy. Gray alleged that this action was filed in retaliation for Gray’s complaints about the rat infestation. The court found that Gray did not violate the terms of the lease by his work at home.

  • Hearing

    Mar 07, 2013

  • Judge

    Denise deBellefeuille

  • County

    Santa Barbara County, CA

KAYKHOSRO REGHABI ET AL VS MICHAEL GILSON ET AL

Plaintiffs’ second amended complaint alleges causes of action for breach of contract, breach of the implied warranty of habitability, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. On June 7, 2012, defendant served form and special interrogatories and a demand for production of documents on plaintiffs. Despite meet and confer communications with plaintiffs’ counsel, no response to any of the discovery requests was ever made.

  • Hearing

    Jan 31, 2013

  • Judge

    Denise deBellefeuille

  • County

    Santa Barbara County, CA

REGINA PERRY ET AL VS MARGARET DEACON ET AL

DEACON DEMURRER: The Deacon (landlord) defendants demur solely to the third cause of action for tortious breach of the warranty of habitability, on grounds that it fails to state sufficient facts to constitute a cause of action against these defendants, and is uncertain. Defendants assert that the complaint did not allege sufficient facts to constitute a tortious breach of the warranty of habitability. More specifically, they dispute that there exists a tortious breach of the warranty of habitability.

  • Hearing

    Jan 31, 2013

  • Judge

    Denise deBellefeuille

  • County

    Santa Barbara County, CA

CHERYL LAND VS. ELIZABETH SPACEY

Ct. (1974) 10 Cal.3d 616, 637 [breach of implied warranty of habitability]; Spinks v.

  • Hearing

    Jan 04, 2013

MESHA MONGE-IRIZARRY VS. THE BANK OF NEW YORK MELLON ET AL

Sustain with leave to amend as cause of action: 1 to allege duty re CC 2924b(c)(2) and breach of duty CC 2924g. 2 to allege fraud with particulority and reliance. 6 to allege all elements of breach of warranty of habitability, 3,4,5,7,8 to all allege tender (no opposition)=(501/REQ)

  • Hearing

    Dec 14, 2012

CHERYL LAND VS. ELIZABETH SPACEY

Sustain, without leave to amend, Defendants' general demurrer to the eighth cause of action for breach of the implied warranty of habitability, on the grounds that the warranty of habitability is implied in leases, and Plaintiff fails to allege facts indicating that Defendants were a party to her lease. Sustain, without leave to amend, Defendants' general demurrer to the tenth cause of harassment, on the ground that there is no general common law claim for harassment.

  • Hearing

    Dec 11, 2012

PAUL LUOMA ET AL VS PETER WEAVER ET AL

On October 3, 2012, plaintiffs filed their FAC with the following causes of action: 1) negligence, 2) negligent infliction of emotional distress, 3) breach of implied warranty of habitability (common law), 4) breach of implied warranty of habitability (statutory), 5) private nuisance, 6) breach of contract and 7) conversion. Plaintiffs allege as follows: On December 1, 2008, they began residing at 1332 “A” Virginia Road in Santa Barbara.

  • Hearing

    Dec 06, 2012

  • Judge

    Denise deBellefeuille

  • County

    Santa Barbara County, CA

CHERYL LAND VS. ELIZABETH SPACEY

Ct. (1974) 10 Cal.3d 616, 637 [breach of implied warranty of habitability]; Spinks v.

  • Hearing

    Nov 20, 2012

ENVIRONMENT AND LAND MANAGEMENT, INC. VS. GERALD R. GREENE ET AL

Deny - 1) Procedurally improperly filed, CRC 3.1112 and CCP 1005.5; 2) Even if proper a triable issue of material fact re amount due and breach of warranty of habitability. = (501/REQ)

  • Hearing

    Sep 21, 2012

PAUL LUOMA ET AL VS PETER WEAVER ET AL

Plaintiffs Paul Luoma and Sarah Luoma and their children Isabel and Olivia Luoma (Sarah is the guardian ad litem for the children) filed a complaint against defendants Peter Weaver and Cathy Weaver for 1) negligence, 2) negligent infliction of emotional distress, 3) breach of implied warranty of habitability (common law), 4) breach of implied warranty of habitability (statutory), 5) private nuisance, 6) breach of contract, 7) conversion, 8) intentional misrepresentation, and 9) negligent misrepresentation.

  • Hearing

    Aug 23, 2012

  • Judge

    Denise deBellefeuille

  • County

    Santa Barbara County, CA

CATINA JOHNSON ET AL VS. HAYES VALLEY LIMITED PARTNERSHIP ET AL

However, a cause of action for wrongful death may be based on a properly pled breach of the warranty of habitability because such actions may sound in tort. Stoiber v. Honeychuck, (1980) 101 Cal.App.3d 903, 917. But the demurrer to the second cause of action is sustained with leave to amend because Plaintiffs have failed to plead sufficient facts to constitute a cause of action for tortious breach of warranty of habitability.

  • Hearing

    Aug 06, 2012

KAYKHOSRO REGHABI ET AL VS MICHAEL GILSON ET AL

Plaintiffs filed their FAC on April 5, asserting eight causes of action: (1) breach of contract, (2) breach of implied warranty of habitability, (3) tortious breach of the implied warranty of habitability, (4) breach of implied covenant of quiet enjoyment, (5) fraud and deceit, (6) negligent misrepresentation, (7) breach of contract (unlawful retention of security agreement), and (8) conversion. Defendants both demur to the FAC.

  • Hearing

    Jun 21, 2012

  • Judge

    Denise deBellefeuille

  • County

    Santa Barbara County, CA

MATTHEW VAN DYK ET AL VS SHERI NICHOLS ET AL

The complaint asserts nine causes of action: (1) negligence, (2) negligent infliction of emotional distress, (3) breach of implied warranty of habitability (common law), (4) breach of implied warranty of habitability (statutory), (5) private nuisance, (6) breach of contract, (7) conversion, (8) intentional misrepresentation, and (9) negligent misrepresentation. Plaintiffs’ complaint attaches and alleges as exhibit A the lease for the premises between the parties (the “Lease”). (Complaint, ¶ 9.)

  • Hearing

    Jun 13, 2012

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

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