Claims for breach of warranty of habitability

Useful Rulings on Breach of Warranty of Habitability

Recent Rulings on Breach of Warranty of Habitability

176-200 of 1042 results

SANDRA NIXON, ET AL. VS GEORGE CHAMOUN, ET AL.

The First Amended Complaint alleges ix causes of action for 1) breach of impleid warranty of habitability; 2) breach of statutory warranty of habitability; 3) breach of the covenant of quiet enjoyment; 4) negligence; 5) Civ. Code § 1942.4; and 6) private nuisance. On October 16, 2019, Buckholtz, as guardian ad litem for Grace, filed a petition for Court approval of settlement as to Grace. On the same day, Estes, as guardian ad litem for Noah, filed a petition for approval of settlement as to Noah.

  • Hearing

    Nov 04, 2019

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LYDIA DOLORES KANEY VS MARYLIN MAZZA ET AL

Plaintiff’s brief includes discussions of the warranty of habitability, landlord maintenance obligations, the law governing the open and obvious condition doctrine, and code violations. There is no discussion of causation. Thus, in ruling on the papers before it, the Court did not err in applying the law. The Court found Defendant met its moving burden to show Plaintiff could not establish causation, and Plaintiff failed to address the issue or raise a triable issue of material fact.

  • Hearing

    Oct 29, 2019

MEL LEWIS ET AL VS JENNIE D SCHUENEMAN

Schueneman for (1) negligent maintenance of premises; (2) nuisance; (3) breach of warranty of habitability, breach of covenant of quiet enjoyment; (5) negligent violations of statutory and legal duties; and (6) intentional violations of statutory and legal duties. “This lawsuit involves Plaintiffs’ claims arising out of their tenancy at an apartment building located at 1842 1/2 S. Gramercy Place, Los Angeles, California 90019 (‘the Property’), which was owned/managed by Defendant.

  • Hearing

    Oct 29, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CHONG SEO YUN VS CHRIS H JEONG

PROCEDURAL HISTORY Plaintiff filed the Complaint on August 12, 2019, alleging five causes of action: Breach of the covenant of quiet enjoyment Breach of the warranty of habitability Negligent maintenance of premises Nuisance Intentional infliction of emotional distress Plaintiff filed a Proof of Service of Summons and Complaint on September 10, 2019. The Proof of Service indicates that Jeong was served by personal service on August 27, 2019.

  • Hearing

    Oct 28, 2019

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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

    Oct 28, 2019

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

RACHEL LEVI ET AL VS ASTRID NELSON ET AL

On September 26, 2019, plaintiff filed his third amended complaint, the operative pleading, for (1) breach of contract, (2) fraud, (3) negligence, (4) breach of warranty of habitability and health and safety code, (5) violation of the Consumer Legal Remedies Act (Civ. Code §1750 et seq.), (6) violation of the Unfair Business Practices Act (Bus. & Prof. Code §17200 et seq.), (7) class action for declaratory relief and injunctive relief, and (8) negligence (defendant Hills only).

  • Hearing

    Oct 25, 2019

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

ALLISON WALTERS VS ACADEMY POINTE APARTMENTS

Plaintiff filed her Complaint on July 17, 2015, alleging eight causes of action sounding in (1) Breach of the Warranty of Habitability (Civ. Code §1941.1), (2) Breach of the Warranty of Habitability (Health and Safety Code §17920.3), (3) Negligence/Premises Liability, (4) Nuisance, (5) Intentional Infliction of Emotional Distress (“IIED”), (6) Breach of the Covenant of Quiet Enjoyment, (7) Breach of Contract, and (8) Negligent Infliction of Emotional Distress (“NIED”).

  • Hearing

    Oct 25, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ALBA RAMIREZ ET AL VS 718 LAR LLC

of Habitability C/A 3: Breach of the Covenant of Quiet Enjoyment C/A 4: Negligence C/A 5: Violation of Civil Code § 1942.4 On May 3, 2019, Plaintiffs dismissed Abelino Marroquin.

  • Hearing

    Oct 24, 2019

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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. Plaintiffs now move for default judgment.

  • Hearing

    Oct 21, 2019

  • Type

    Real Property

  • Sub Type

    other

SEAN ROSS PAUL VS TISHMAN SPEYER ARCHSTONE-SMITH ET AL

BACKGROUND 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; (6) negligence; (7) violation of California Business and Professions Code, Section 17200;

  • Hearing

    Oct 21, 2019

TALIN HACOPIANS , ET AL. VS GREYSTAR REAL ESTATE PARTNERS, LLC, A CALIFORNIA LIMITED LIABILTY COMPANY, ET AL.

As the warranty of habitability is implied in all residential rental agreements, not articulated therein (Green v. Superior Court (1974) 10 Cal.3d 616, 619), no more specificity with respect to the details of the rental agreements is necessary. Defendants’ demurrer to the first and second causes of action is OVERRULED. C.

  • Hearing

    Oct 21, 2019

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

SHANE RICHARDSON VS KELHOL LIMITED PARTNERSHIP, ET AL.

The Complaint asserts causes of action for: Breach of Contract; Breach of Covenant of Quiet Enjoyment; Breach of Implied Warranty of Habitability; Breach of Statutory Warranty of Habitability; Negligence; Nuisance; Intentional Infliction of Emotional Distress; Violation of California Civil Code section 1942.4; and Violation of Unfair Business Practices.

  • Hearing

    Oct 18, 2019

  • Type

    Real Property

  • Sub Type

    other

ALLISON WALTERS VS ACADEMY POINTE APARTMENTS

Plaintiff filed her Complaint on July 17, 2015, alleging eight causes of action sounding in (1) Breach of the Warranty of Habitability (Civ. Code §1941.1), (2) Breach of the Warranty of Habitability (Health and Saf. Code §17920.3), (3) Negligence/Premises Liability, (4) Nuisance, (5) Intentional Infliction of Emotional Distress (“IIED”), (6) Breach of the Covenant of Quiet Enjoyment, (7) Breach of Contract, and (8) Negligent Infliction of Emotional Distress (“NIED”).

  • Hearing

    Oct 18, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

FASQUEZ VS. MEYER

Plaintiffs filed this action for negligence, breach of the implied warranty of habitability, and intentional infliction of emotional distress among other causes of action. Motion Defendants Marshall Meyer and Birchwood, LLC, (collectively, “Mr. Meyer” or “Defendants”) move for summary judgment, or alternatively, summary adjudication of Plaintiffs nine causes of action.

  • Hearing

    Oct 17, 2019

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

    Oct 17, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CORBIN JOHN RECKE ET AL VS ELEONORE MESTDAGH ET AL

The FAC asserts causes of action for: Constructive Eviction; Breach of Contract; Breach of the Covenant of Quiet Enjoyment; Breach of Implied Warranty of Habitability; Tortious Breach of Implied Warranty of Habitability; Negligence; Private Nuisance; Intentional Infliction of Emotional Distress; Violation of Los Angeles Municipal Code section 151.04; Violation of California Civil Code section 1942.4; Violation of California Civil Code section 1942.5; and Violation of Unfair Business Practices.

  • Hearing

    Oct 17, 2019

JENNIFER LOA, ET AL. VS GS LONG BEACH LLC A LIMITED LIABILITY COMPANY, ET AL.

The Complaint does not plead sufficient facts to support the required elements of a breach of implied warranty of habitability action against Defendant. The demurrer to the first cause of action for breach of implied warranty of habitability is SUSTAINED with leave to amend. Breach of Statutory Warranty of Habitability under CC §1941.1 and HSC §17920.3 The Court agrees with Defendant that there is no private right of action for violations of CC §1941.1 or HSC §17920.

  • Hearing

    Oct 17, 2019

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ERIK KITTER, ET AL. VS KEUM NAM CHANG, ET AL.

Plaintiffs complaint alleges against Defendants the following causes of action: (1) constructive eviction; (2) breach of contract; (3) breach of the covenant of quiet enjoyment; (4) breach of implied warranty of habitability; (5) tortious breach of implied warranty of habitability; (6) negligence; (7) private nuisance; (8) intentional infliction of emotional distress; (9) violation of Los Angeles Municipal Code, Section 151.04; (10) violation of California Civil Code, Section 1942.4; (11) violation of California

  • Hearing

    Oct 15, 2019

  • Type

    Real Property

  • Sub Type

    other

PATRICIA YRIGOLLEN VS. JESUS CRUZ

Demurrer on ground of uncertainty is OVERRULED. 1st – 2nd CAUSES OF ACTION BREACH OF CONTRACT and BREACH OF THE IMPLIED WARRANTY OF HABITABILITY: BREACH OF CONTRACT: The elements for a breach of contract cause of action are: (1) the contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach; and (4) resulting damages. (Reichert v. General Ins. Co. (1968) 68 Cal.2d 822, 830.)

  • Hearing

    Oct 15, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

KATHYRIA GALINDO ET AL VS INGA DIATCHKOVA ET AL

Plaintiffs assert seven causes of action for: (1) untenantable dwelling in violation of Civil Code, § 1942.4; (2) breach of the implied warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) private nuisance; (5) failure to pay relocation; (6) violation of Business and Professions Code, §§ 17200 et seq.

  • Hearing

    Oct 15, 2019

BOBBI BARBETH KORSNOVA VS. PREMIER APARTMENTS, LLC, ET AL

of habitability; and (6) IIED.

  • Hearing

    Oct 11, 2019

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

EDA JOYA CASTILLO ET AL VS MAJD INC ET AL

Plaintiffs’ complaint includes claims for negligence, breach of the warranty of habitability, breach of the covenant of quiet enjoyment, violation of Civil Code §1941.1, nuisance, constructive eviction, and IIED. Noel and Daniel are minor children, and are appearing in the action by and through their GAL, Eda Joya Castillo. At this time, Plaintiffs have agreed to settle this action with Defendants for the total amount of $40,000.

  • Hearing

    Oct 11, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LAURA SHAPIRO ET AL VS MORAD BEN NEMAN ET AL

In their Third Amended Complaint (“TAC”), Plaintiffs allege seventeen causes of action arising out of the 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

    Oct 11, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

(NO CASE NAME AVAILABLE)

FML also noted every defendant asserted an affirmative defense based upon the implied warranty of habitability in the common areas of the Burlington Apartments. The cases do not involve the same parties within the meaning of CRC 3.300(a)(1) as FML is the only common party among the cases.

  • Hearing

    Oct 10, 2019

ANNA LOFTON VS SHIRLEY M FALK

Faulk alleging breach of implied warranty of habitability, breach of covenant of quiet use and enjoyment, negligence, premises liability, violation of California Civil Code section 1942.4, nuisance, negligent failure to provide habitable premises, violation of Business & Professions Code section 17200, and violation of Los Angeles Municipal Code section 151.00, et seq. The complaint arises from Plaintiff living in a vermin and cockroach infested apartment for four years.

  • Hearing

    Oct 08, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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