Claims for breach of warranty of habitability

Useful Rulings on Breach of Warranty of Habitability

Recent Rulings on Breach of Warranty of Habitability

151-175 of 1051 results

AMY DEZELLAR VS KROTONA APARTMENTS, ET AL.

On May 10, 2019, Plaintiff filed the first amended complaint (“FAC”) against Defendants for (1) breach of warranty of habitability (Civil Code section 1941.1); (2) breach of warranty of habitability (Health and Safety Code section 17920.3); (3) premises liability and negligence per se; (4) negligence; (5) negligent infliction of emotional distress; (6) intentional infliction of emotional distress; (7) violation of the Rent Stabilization Ordinance; (8) breach of implied covenant of quiet enjoyment; (9) constructive

  • Hearing

    Jan 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

PASTORA GUTIERREZ ET AL VS JOSE A ALONZO ET AL

Here, Defendants have not presented evidence that Plaintiff Esther Guerara fully tried the issues presented by her causes of action seeking damages for breach of implied warranty of habitability, nuisance, violation of Civil Code § 1942.4 and negligence. As Ayala notes, merely pleading the breach of implied warranty of habitability as an affirmative defense, by itself, in insufficient to show a full and extensive litigation of that issue for purposes of res judicata and collateral estoppel.

  • Hearing

    Jan 03, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MARIA REYNA VS CORBIN COURT LLC, ET AL.

Plaintiff’s operative complaint, filed September 23, 2019, alleges nine causes of action: (1) fraud by intentional misrepresentation, (2) “personal injuries based on negligence”, (3) retroactive rent abatement, (4) breach of implied warranty of habitability, (5) negligent maintenance, (6) “maintenance of nuisance,” (7) violation of Unruh Civil Rights Act, (8) discrimination and violation of ADA, and (9) disability discrimination (Civil Code §§ 51, 52(a), 54.3, 55.56.)

  • Hearing

    Dec 26, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SEBLE MULUGETHA, ET AL. VS ANTREAS HINDOYAN, ET AL.

Eleventh Cause of Action—Breach of Warranty of Habitability Plaintiffs in the opposition withdraw this cause of action. The demurrer accordingly is sustained without leave to amend.

  • Hearing

    Dec 20, 2019

(NO CASE NAME AVAILABLE)

Thus, Plaintiff breached the implied warranty of habitability. Judgment was entered in favor of Defendant. After determining the reasonable rental value of the Property with these conditions, calculating holdover damages, and determining Defendant was entitled to credit for prior rent and parking payment, Defendant was ordered to pay Plaintiff $450 in certified funds within 5 days, or by 5:00 p.m. Monday, July 1, 2019.

  • Hearing

    Dec 20, 2019

EMILIO VASQUEZ VS 340 WEST DUARTE ROAD, LLC, ET AL.

The first amended complaint (“FAC”), filed July 23, 2019, alleges causes of action for: (1) breach of implied warranty of habitability; (2) breach of implied covenant of quiet enjoyment; (3) IIED; (4) negligence; (5) nuisance; and (6) violation of Business & Professions Code, §17200 et seq.

  • Hearing

    Dec 20, 2019

  • County

    Los Angeles County, CA

HASANI WHITE VS. BRET AASEN

Here, plaintiffs’ FAC includes causes of action for: (1) Breach of Contract; (2) Breach of Implied in fact Contract; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; (4) Breach of the Implied Warranty of Habitability-Contract; (5) Breach of the Implied Warranty of Habitability-Tort; (6) Negligence; (7) Nuisance; (8) Violation of Civil Code sections 1941, 1941.1, 1941.3, and 1942.4; (9) Violation of Civil Code section 1942.5; and (10) Violation of Business and Professions Code section 17200.

  • Hearing

    Dec 19, 2019

TAROKH VS LYON MANAGEMENT GROUP INC

The FAC asserts nine causes of action, including breach of warranty of habitability, negligence, nuisance, intentional infliction of emotional distress ("IIED"), breach of contract and battery. Discussion Causes of Action for Breach of Warranty of Habitability The 1st, 2nd and 3rd causes of action allege defendant breached the warranty of habitability under Civil Code section 1941.1, Health & Safety Code section 17920.3 and Civil Code section 1942.4.

  • Hearing

    Dec 19, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JACKSON VS. DOLAN

Fourth Cause of Action - Illegal Rent increase in Violation of the Richmond Rent Ordinance Defendants argue that the fourth cause of action for illegal rent increases, fails because the fifth cause of action (breach of the implied warranty of habitability) fails. A portion of the fourth cause of action does incorporate the alleged breach of the warranty of habitability. (Complaint, ¶59.)

  • Hearing

    Dec 18, 2019

BRIAN BROSNAN, ET AL. VS MOSS MANAGEMENT SERVICES, INC., A CALIFORNIA CORPORATION, DBA MOSS AND COMPANY PROPERTY MANAGEMENT

The complaint, filed May 28, 2019, alleges causes of action for: (1) breach of implied warranty of habitability; (2) negligence; (3) nuisance; (4) breach of warranty of quiet enjoyment; and (5) fraud. Motion to Strike On October 1, 2019, Defendant filed a motion to strike portions of the complaint, including allegations for punitive damages (¶37 and the prayer for relief at ¶6), and the request for reasonable attorney’s fees (prayer for relief at ¶5). Plaintiffs oppose.

  • Hearing

    Dec 13, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

MCANALLY VS DAWSON

Even if CC §1941.1 does not provide a private right of action, there is an implied warranty of habitability in all residential tenancies. Under this doctrine, a landlord "covenants that premises he leases for living quarters will be maintained in a habitable state for the duration of the lease." Knight v. Hallsthammar (1981) 29 Cal. 3d 46, 52.

  • Hearing

    Dec 12, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARITZA BEST VS STEVEN J SHERWIN

On June 12, 2018, plaintiffs filed their complaint, alleging causes of action for negligence (general negligence, negligent failure to disclose latent defect, negligence per se, and negligent failure to perform covenant to repair), negligent infliction of emotional distress, breach of implied warranty of habitability (common law), breach of implied warranty of habitability (statutory), private nuisance, breach of contract, and retaliatory eviction.

  • Hearing

    Dec 11, 2019

AARON KWESKIN, AN INDIVIDUAL VS. RONNIE CHARLES KING

As to the third cause of action for breach of warranty of habitability, however, it does not appear that defendants previously challenged the cause of action for breach of warranty of habitability, which was the ninth cause of action in the FAC.

  • Hearing

    Dec 11, 2019

MARIA MANZO GONZALEZ VS. P & D ASSETS LLC

Clearly, no claim for punitive damages can be sought on the first cause of action for breach of contract and/or the second cause of action for breach of warranty of habitability. With respect to attorneys' fees, the motion is denied. Again, clearly fees are appropriate to the extent they are provided for by contract and/or statute. Finally, as to the damages under the second cause of action, a tenant may seek tort damages for breach of the implied covenant of habitability (see, e.g., Stoiber v.

  • Hearing

    Dec 10, 2019

MARIA MANZO GONZALEZ VS. P & D ASSETS LLC

Clearly, no claim for punitive damages can be sought on the first cause of action for breach of contract and/or the second cause of action for breach of warranty of habitability. With respect to attorneys' fees, the motion is denied. Again, clearly fees are appropriate to the extent they are provided for by contract and/or statute. Finally, as to the damages under the second cause of action, a tenant may seek tort damages for breach of the implied covenant of habitability (see, e.g., Stoiber v.

  • Hearing

    Dec 10, 2019

ANGELICA GUERRERO, ET AL. VS EASTSIDE VILLAGE, LLP, ET AL.

.: 19STCV09120 Matter on calendar for: Motion to Strike Tentative ruling: Background This action involves alleged breaches of the warranty of habitability, retaliatory conduct, and harassment. Plaintiffs Angelica Guerroro, Angelica Uriquidez, and Eduardo Armenta allege Defendants Eastside Village, LP, Jessica Garcia, and Frances Williams improperly maintained and operated the premises at 2250 East 111th St., Apt. 220, Los Angeles.

  • Hearing

    Dec 10, 2019

  • Judge

    Salvatore Sirna or Gary Y. Tanaka

  • County

    Los Angeles County, CA

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

    Dec 09, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MATHEW KREDELL ET AL VS 900 SOUTH FIGUEROA STREET APARTMENTS

The FAC asserts causes of action for (1) breach of warranty of habitability (violation of Civil Code section 1941.1); (2) breach of warranty of habitability (violation of Health & Safety 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; and (8) breach of covenant of quiet enjoyment.

  • Hearing

    Dec 09, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SANDRA RUIZ, ET AL. VS DELAINE YATES, ET AL.

The Complaint alleges thirteen causes of action for: 1) breach of common law duty of care; 2) breach of warranty of habitability; 3) violation of Civ. Code § 1942.4; 4) violation of Civ. Code § 1940.2; 4) breach of the common law implied covenant of quiet enjoyment; 6) violation of Civ. Code § 1714; 7) intentional infliction of emotional distress; 8) nuisance; 9) breach of the implied covenant of good faith and fair dealing; 10) violation of Civ. Code §§ 1942.5(a) and (d); 11) violation of Civ.

  • Hearing

    Dec 09, 2019

  • Type

    Business

  • Sub Type

    Intellectual Property

JESUS LEONEL SANCHEZ CORONEL, ET AL. VS PAMA IV PROPERTIES, LP, ET AL.

On July 11, 2019, Plaintiffs filed their complaint asserting five causes of action: (1) violation of Civil Code section 1942.4; (2) tortuous breach of the warranty of habitability; (3) private nuisance; (4) violation of Business and Professions Code section 17200 et seq.; and (5) negligence. Plaintiffs pray for punitive damages. Plaintiffs served their complaint on Defendants via substituted service on September 23, 2019 and mailing completed on September 27, 2019.

  • Hearing

    Dec 06, 2019

  • Type

    Contract

  • Sub Type

    Breach

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

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 Business & Professions Code section 17200 – injunctive

  • Hearing

    Dec 05, 2019

REFAAT BESHARA VS GARDENA SENIOR HOUSING, INC; ET AL

Plaintiff filed a first amended complaint on February 23, 2018, asserting the following causes of action: (1) negligence; (2) premises liability; (3) nuisance; (4) negligent failure to provide habitable premises; (5) breach of implied warranty of habitability; (6) breach of the covenant of quiet enjoyment; (7) violation of unfair competition law; (8) intentional infliction of emotional distress; (9) unlawful influence to vacate; (10) invasion of privacy; and (11) elder abuse.

  • Hearing

    Dec 03, 2019

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

  • County

    Los Angeles County, CA

MARTIN VS. G6 HOSPITALITY PROP

First Cause of Action - Breach of Implied Warranty of Habitability Defendant argues plaintiff fails to state a cause of action for breach of implied warranty of habitability.

  • Hearing

    Nov 27, 2019

ADELINA RODRIGUEZ, ET AL. VS KE PEI, ET AL.

(“PRC”) and Does 1-20 for: Breach of Contract Breach of Implied Warranty of Habitability/Tenantability Breach of Implied Warranty of Quiet Enjoyment Negligence Constructive Eviction Retaliatory Acts Breach of Covenant of Good Faith and Fair Dealing Concealment Intentional Misrepresentation Negligent Misrepresentation Trespass Retention of Security Deposit On October 7, 2019, Plaintiffs filed an Amendment to Complaint, correcting the name of PRC to “Perez Reconstruction Contractors, Inc. dba PRC.

  • Hearing

    Nov 26, 2019

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ANTOINE HUBBARD, SENIOR VS. BNZ DIVERSIFIED CORP, ET AL

Demurrer to Certain Causes of Action in Complaint The Demurrer by Defendants BNZ Diversified Corp. and Fornia Hospitality Group, LLC dba Merced Inn & Suites to the First Cause of Action for Breach of the Implied Warranty of Habitability is OVERRULED.

  • Hearing

    Nov 20, 2019

  • County

    Merced County, CA

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