Claims for breach of warranty of habitability

Useful Rulings on Breach of Warranty of Habitability

Recent Rulings on Breach of Warranty of Habitability

126-150 of 1051 results

SEAN ROSS PAUL VS TISHMAN SPEYER ARCHSTONE-SMITH ET AL

BACKGROUND 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 and

  • Hearing

    Feb 04, 2020

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

    Feb 04, 2020

MCGILL V. ON-SITE AKA ON-SITE MANAGER, INC., ET AL.

(Ibid.) 7 A “tenant’s duty to pay rent is ‘mutually dependent’ upon the landlord’s fulfillment of his 8 implied warranty of habitability.” (Green v. Superior Court (1974) 10 Cal.3d 616, 635.) In 9 other words, if a tenant can prove such a breach, he or she will be justified in nonpayment of 10 rent.

  • Hearing

    Jan 31, 2020

FARZAN SHAHRI ET AL VS 449 LE DOUX PROPERTIES ET AL

Plaintiff filed the Complaint on November 4, 2013 alleging eleven causes of action: (1) premises liability; (2) negligence; (3) negligence per se; (4) breach of implied warranty of habitability; (5) breach of statutory warranty of habitability; (6) breach of covenant of quiet enjoyment; (7) negligent hiring, supervision, and training; (8) nuisance; (9) trespass; (10) constructive eviction; and (11) breach of contract.

  • Hearing

    Jan 31, 2020

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

Plaintiffs 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. Code §1942.4), (4) Negligence – Premises Liability, (5) Nuisance, (6) Battery, (7) Intentional Infliction of Emotional Distress (“IIED”), (8) Negligent Infliction of Emotional Distress (“NIED”), (9) Breach of Contract, and (10) Breach of Covenant of Quiet Enjoyment.

  • Hearing

    Jan 31, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

VELIA TALAMANTES, ET AL. V. GRAND VIEW APARTMENTS, LLC ET AL.

Plaintiffs’ complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Business and Professions Code section 17200 – restitution; (9) violation of B&P Code section 17200 – injunctive relief and appointment

  • Hearing

    Jan 30, 2020

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. 1. Defendants’ Demurrer Legal Standard A special demurrer may be made on the basis that the pleading is uncertain. (CCP § 430.10(f).)

  • Hearing

    Jan 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

EUGENE SHAMPANSKY ET AL VS OCEANS 11 RV PARK LLC

RELEVANT & BRIEF BACKGROUND On August 8, 2018, Plaintiffs Eugene Shampansky (“Eugene”) and Yana Shampansky (“Yana”) (collectively “Plaintiffs”) filed a complaint against Oceans 11 RV Park LLC, Oceans 11 RV Rentals & Storage, and DOES 1-25, asserting causes of action for breach of contract, breach of implied covenant of good faith and fair dealing, and breach of warranty of habitability.

  • Hearing

    Jan 30, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

HALL-SMITH VS. SMITH

Plaintiffs are former tenants who are suing their former landlord for breaches of the warranty of habitability, retaliation and violations of the Richmond Rent Ordinance and other related claims. Defendant demurs to all claims based on collateral estoppel. Defendant also demurs to causes of action four, five and eight based on the failure to state a cause of action and to cause of action eight for uncertainty.

  • Hearing

    Jan 29, 2020

FANOR MASSOLAS ET AL VS BYRON L BOBBITT

Municipal Code, §151 .09; (5) Violation Of Civil Code, §1942.4; (6) Breach Of Contract; (7) Breach Of Implied Warranty Of Habitability; (8) Nuisance; (9) Negligence; (10) Violation of Civ. Code § 789, et seq.; (11) IIED; and (12) Constructive Eviction. As of April 15, 2018, Bobbitt was self-represented. The Court struck Bobbitt’s answer after his failure to appear on October 25, 2018. On April 25, 2019, the Court entered default against Defendant.

  • Hearing

    Jan 28, 2020

  • Type

    Real Property

  • Sub Type

    other

BRITTANY EMBRY, ET AL. VS NED BASSIN, ET AL.

BACKGROUND: On October 24, 2018, Plaintiffs Brittany Embry, Margo Embry, and Troy Ruff commenced this action against Ned Bassin, Rosalind Bassin, as trustees of the Bassin Family Trust for (1) breach of implied warranty of habitability; (2) breach of the 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.

  • Hearing

    Jan 27, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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

Thus, the Court will allow Plaintiff leave to amend the operative complaint so that Plaintiff may attach the lease agreement to the amended pleading as Plaintiff failed to do so with the initial complaint and the FAC. 2. 2nd cause of action for tortious breach of warranty of habitability Avalon Defendants argue that the tortious breach of warranty of habitability cause of action fails because Plaintiff has not alleged that Avalon Defendants were on notice of the substandard conditions within a reasonable time

  • Hearing

    Jan 24, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • County

    Los Angeles County, CA

DIANA BOSE VS WAYNE D.H. YOUNG, ET AL.

Young dba Normandie Mobile Home Park and Lucas & Hollingsworth Real East Management for (1) premises liability – negligence, (2) tenant harassment/retaliatory eviction, (3) nuisance, (4) breach of the covenant of quiet enjoyment, (5) breach of the warranty of habitability, (6) IIED, and (7) constructive eviction.

  • Hearing

    Jan 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • County

    Los Angeles County, CA

MARIA CASTRO VS LOURDES LOPEZ

Complaint Plaintiff Castro commenced this proceeding on January 2, 2020, alleging causes of action for (1) retaliation, (2) breach of warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) violation of Civ. Code section 1940.2, (5) violation of Civil Code section 52.1, (6) interruption of services, (7) unfair business practices (Bus. & Prof. Code §17200 et seq., (8) collection of excess rent, and (9) forcible entry. The Complaint alleges in pertinent part as follows.

  • Hearing

    Jan 23, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

KENNETH THOMPSON ET AL VS CORSICA APARTMENT HOMES ET AL

Breach of Implied Warranty of Habitability 5. NIED 6. IIED A motion to strike lies either when (1) there is “irrelevant, false or improper matter inserted in any pleading”; or (2) to strike any pleading or part thereof “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (CCP § 436.) The basis for punitive damages must be pled with specificity.

  • Hearing

    Jan 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CENTURY-NATIONAL INSURANCE COMPANY VS WHALER'S RUN OF LONG BEACH HOMEOWNERS ASSOCIATION, ET AL.

The Second Amended Complaint asserts causes of action for: (1) negligence (premises liability); (2) breach of implied warranty of habitability; (3) constructive eviction; (4) nuisance; and (5) breach of contract. The SAC alleges Kirwan leased a residential unit from Cope from November 15, 2013 to October of 2015. Kirwan alleges the Defendants negligently maintained the property causing toxic mold growth.

  • Hearing

    Jan 16, 2020

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

    Jan 14, 2020

MUN JEONG CHOI VS C & L PROPERTY DEVELOPMENT LLC ET AL

First Cause of Action – Implied Warranty of Habitability Defendants demur to this cause on the grounds that the lease was not a residential lease, and thus has no implied warranty. Indeed, a warranty of habitability is implied in all residential rental agreements. (Green v. Superior Court (1974) 10 Cal.3d 616, 629; accord CACI 4320.) However, Defendants rely on extrinsic evidence to establish that Plaintiff entered into a commercial lease.

  • Hearing

    Jan 13, 2020

CHAYA PRASAD VS PROVIDENT RESOURCES GROUP INC

Merits On November 17, 2017, Plaintiffs filed a complaint against Provident for Negligent Maintenance of Premises, Breach of Warranty of Habitability, Breach of Warranty of Habitability, Tortious Breach of Warranty of Habitability, Breach of Covenant of Quiet Enjoyment and Nuisance. Again, Plaintiffs allege that they were tenants at the Daumier Apartment Complex (“Daumier”), which is owned and operated by Provident. (Complaint, ¶7.)

  • Hearing

    Jan 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

AIDA OGANESIAN, ET AL. VS CAH-2014-1 BORROWER, LLC, ET AL.

Plaintiffs filed their initial Complaint on April 10, 2019, and filed their operative First Amended Complaint (“FAC”) on June 19, 2019, alleging ten causes of action sound 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 the Implied Covenant of Quiet Enjoyment, (6) Violation of Civ.

  • Hearing

    Jan 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

STEPHANIE TATE, ET AL. VS MAYURKUMAR PATEL, ET AL.

First Cause of Action (Breach of Implied Warranty of Habitability). The elements of a cause of action for breach of the implied warranty of habitability are: (1) the existence of a material defective condition affecting the premises' habitability, (2) notice to the landlord of the condition within a reasonable time after the tenant's discovery of the condition, (3) the landlord was given a reasonable time to correct the deficiency, and (4) resulting damages. Erlach v.

  • Hearing

    Jan 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LIM V. KIA MOTORS AMERICA, INC.

Breach of Implied Warranty of Habitability (5th Cause of Action) As with the sixth cause of action, Defendant asserts that Plaintiff’s fifth cause of action for breach of the implied warranty of habitability under the Song-Beverly Act is facially time- barred, specifically by the four-year statute of limitations set forth in Commercial Code section 2725. Defendant contends that this limitations period begins to accrue when tender of delivery is made and therefore Plaintiff’s claim is clearly time-barred.

  • Hearing

    Jan 09, 2020

JORGE RECINOS VS CLAUIDIA IRENE ROJAS

Complaint Plaintiff Recinos, acting pro per, commenced this proceeding on December 16, 2019, alleging causes of action[1] for (1) claim and delivery, (2) conversion, (3) intentional infliction of emotional distress, (4) violation of Civil Code section 1982, (5) violation of Civil Code section 1942.4, (6) tortious breach of warranty of habitability, (7) breach of the covenant of quiet enjoyment, (8) nuisance, (9) violation of Bus. and Prof.

  • Hearing

    Jan 09, 2020

HEATHER BENNETT VS BYUNG W KANG ET AL

On May 21, 2018, Plaintiff filed the operative first amended complaint (“FAC”) against Defendants for (1) violation of Los Angeles Municipal Code; (2) breach of warranty of habitability; (3) violation of Health and Safety Codes; (4) breach of covenant of quiet enjoyment; (5) nuisance; (6) retaliatory and constructive eviction; (7) breach of contract; (8) fraud; (9) violation of Business and Professions Code section 17200; (10) negligence; (11) negligence per se; (12) intentional infliction of emotional distress

  • Hearing

    Jan 08, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

AG-WISE ENTERPRISES, INC. ET AL VS AGROMILLORA CALIFORNIA

The demurrer to the fourth cause of action for breach of the warranty of habitability is overruled on the grounds that Defendant failed to meet its burden of proof on demurrer and the FAC contains a properly pled cause of action for breach of the implied warranty of merchantability. (See, FAC 43-50.) The demurrer to the fifth cause of action is sustained on the grounds that Plaintiffs fail to state a cause of action for trespass to agricultural property. The Court grants leave to amend.

  • Hearing

    Jan 08, 2020

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