Claims for breach of warranty of habitability

Useful Rulings on Breach of Warranty of Habitability

Rulings on Breach of Warranty of Habitability

1-25 of 1051 results

JOSEPH H. CHANG, MD V. VILLA FONTANA LIMITED, A CALIFORNIA GENERAL PARTNERSHIP

Public policy, as well as controlling precedent, do not support the extension of the implied warranty of habitability to commercial leases for the tenancy of the type alleged here. This result does not necessarily deprive Chang of a claim based upon the HVAC issue. In the third cause of action Chang sought to frame this claim as a breach of the warranty of habitability.

  • Hearing

    Feb 22, 2016

SUSANA PEREZ VS ALAN LEE

Despite Plaintiff’s argument that a “Breach of Contract Cause of Action…Encompasses the Implied Warranty of Habitability” a breach of the implied warranty of habitability may, in fact, be asserted a separate cause of action. (Opp. 11: 9-11.)

  • Hearing

    Jan 12, 2017

  • County

    Los Angeles County, CA

BERTHA CUEVA VS CRAIG TAKIGUCHI, ET AL.

Defendant Horizon demurs to plaintiff’s third cause of action for breach of implied warranty of habitability and moves to strike plaintiff’s request for punitive damages. The court notes that the motion to strike punitive damages is identical to that heard and denied by this court on July 17, 2019. Demurrer to Implied Warranty of Habitability All California residential leases contain an implied warranty of habitability. Green v. Superior Court (1974) 10 Cal.3d 616, 619.

  • Hearing

    Jul 31, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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

ORLANDO AVENUE PROPERTIES, LLC VS SIENA HUGH MONTESANO

This is sufficient, for purposes of pleading, to allege a breach of §1941(a)(1)’s waterproofing requirement as well as common-law breach of the warranty of habitability. Since a breach of the warranty of habitability can lie in contract, it is proper for Montesanto to label her first cause of action “Breach of Lease.” OVERRULED.

  • Hearing

    Feb 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • County

    Los Angeles County, CA

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

BIEBER V. SONG, ET AL.

Actual damages for a landlord’s breach of the warranty of habitability may include damages for emotional distress. (McNairy v. C.K. Realty (2007) 150 Cal.App.4th 1500, 1506-1508 & fn. 7.) A tenant may seek general and punitive damages for breach of warranty of habitability. (Smith v. David (1981) 120 Cal.App.3d 101, 112, fn. 3.) Plaintiff has alleged sufficient facts to seek punitive damages for the alleged breach of warranty of habitability.

  • Hearing

    Aug 16, 2019

BIEBER V. SONG, ET AL.

As discussed below, Plaintiff has failed to allege facts that constitute a claim for breach of the implied warranty of habitability. Accordingly, because Plaintiff has not sufficiently alleged any claim, the punitive damages allegations are stricken with leave to amend. DEMURRER The Demurrer is moot as to all causes of action that have been stricken. As to the sixth cause of action, Plaintiff asserts a claim for the breach of the implied warranty of habitability against Defendant Song.

  • Hearing

    Aug 01, 2017

BIEBER V. SONG, ET AL.

Actual damages for a landlord’s breach of the warranty of habitability may include damages for emotional distress. (McNairy v. C.K. Realty (2007) 150 Cal.App.4th 1500, 1506-1508 & fn. 7.) A tenant may seek general and punitive damages for breach of warranty of habitability. (Smith v. David (1981) 120 Cal.App.3d 101, 112, fn. 3.) Plaintiff has alleged sufficient facts to seek punitive damages for the alleged breach of warranty of habitability.

  • Hearing

    Aug 16, 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

BRIAN NAPPI VS. GINA SHENG CHI YU

So, the warranty of habitability claim can take many forms, as the Hjelms demonstrated here. [¶] In sum, the claim for breach of warranty of habitability was on the contract." (Id. at 1169.) While the claims in the instant case are not pled quite as clearly as those identified in Prometheus, they nevertheless make a claim for contractual breach of the implied warranty of habitability against the Owner-defendant Yu. Whether the Owner Defendant Is a Party to the Lease Agreement.

  • Hearing

    Jul 26, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CHRISTINA WOOD, ET AL. VS. SARWAN SAMRA, ET AL.

Paragraph 32 of the first amended complaint clearly indicates plaintiffs’ first cause of action for breach of the implied warranty of habitability is alleged in part under a tort theory. Defendants have not cited any case authority holding that exemplary damages under Civil Code section 3294 are precluded for a tort claim for breach of the implied warranty of habitability.

  • Hearing

    Jun 06, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BRIAN NAPPI VS. GINA SHENG CHI YU

So, the warranty of habitability claim can take many forms, as the Hjelms demonstrated here. [¶] In sum, the claim for breach of warranty of habitability was on the contract." (Id. at 1169.) While the claims in the instant case are not pled quite as clearly as those identified in Prometheus, they nevertheless make a claim for contractual breach of the implied warranty of habitability against the Owner-defendant Yu. Whether the Owner Defendant Is a Party to the Lease Agreement.

  • Hearing

    Jul 26, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SHUSHAN BASMAJYAN ET AL VS DAVID WEISWASSER ET AL

The complaint asserts two causes of action for (1) Breach of Implied Warranty of Habitability and (2) Retaliatory Eviction. On April 3, 2017, MZL filed the present demurrer. MZL argues that Plaintiffs’ claims are barred by res judicata because Weiswasser previously sued Plaintiffs for unlawful detainer and a judgment was entered in Weiswasser’s favor. In their answer to the unlawful detainer complaint, Plaintiffs asserted the defenses of breach of warranty of habitability and retaliatory eviction.

  • Hearing

    May 25, 2017

FISHER V. SAAD

Fifth Cause - Implied Warranty of Habitability: The demurrer to the fifth cause of a action for breach of the implied warranty of habitability cause of action is OVERRULED. A “warranty of habitability” is implied in all residential rental agreements. Green v. Sup.Ct. (Sumski) (1974) 10 C3d 616, 629. Plumbing and gas facilities must conform to state and local law at the time of installation and be maintained in good working order. CC § 1941.1(a)(2).

  • Hearing

    Jan 03, 2019

BIEBER V. SONG, ET AL.

Residential Group, LLC’s Demurrer to Plaintiff’s First Amended Complaint (“FAC”) for breach of the implied warranty of habitability. Plaintiff is on the Vexatious Litigant List and is subject to a pre-filing order. (See Code Civ. Proc., § 391.7.) On December 21, 2016, Plaintiff filed a request to file new litigation by vexatious litigant.

  • Hearing

    Apr 06, 2018

ERIN MURPHEY, ET AL. V. RICHARD J. HURVITZ, ET AL.

The Court determined that breach of the implied warranty of habitability was not the tenant’s sole remedy and claims of nuisance, intentional infliction of emotional distress, and negligent violation of statutory duty survived the rental agents’ demurrer. (Id. at 911, 931.) But breach of the implied warranty of habitability is not a tort claim.

  • Hearing

    Nov 13, 2018

TAJSHA JORDAN, AN INDIVIDAUL, ET AL. VS BURBANK-CANTALOUPE ASSOCIATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

On October 31, 2019, Plaintiff filed a complaint against Burbank-Cantaloupe Associates, LLC, Jack Schwartz (erroneously sued as James Schwartz), and Lisa Schwartz asserting causes of action for: 1) Tortious Breach of The Warranty of Habitability (Negligence); 2) Tortious Breach of The Warranty of Habitability (Intentional Tort); 3) Breach of The Warranty of Habitability (Statute); 4) Breach of The Warranty of Habitability (Contract); 5) Nuisance (Civil Code § 3479); 6) Breach of Covenant of Quiet Enjoyment (

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

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

OLGA DELGADO ASTORGA ET AL VS JAMES O ARMOR ET AL

Armor, Pi Properties No. 44, LLC, and Green4, LLC for (1) breach of implied warranty of habitability, (2) breach of statutory warranty of habitability, (3) negligence, (4) violation of Civil Code sections 1942.4 and 1942.5. On January 12, 2017, Armor filed a cross-complaint against Pi and Green for indemnity.

  • Hearing

    May 22, 2017

  • County

    Los Angeles County, CA

OLGA DELGADO ASTORGA ET AL VS JAMES O ARMOR ET AL

Armor, Pi Properties No. 44, LLC, and Green4, LLC for (1) breach of implied warranty of habitability, (2) breach of statutory warranty of habitability, (3) negligence, (4) violation of Civil Code sections 1942.4 and 1942.5. On January 12, 2017, Armor filed a cross-complaint against Pi and Green for indemnity.

  • Hearing

    May 22, 2017

MARIA M. CONTRERAS, ET AL. VS ARIS SARIGIANIDES TRUST, ET AL.

Plaintiffs’ Complaint contains the following Causes of Action: (1) Breach of Warranty of Habitability (Violation of Civil Code Section 1941.1), (2) Breach of Warranty of Habitability (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) Battery, (7) Intentional Infliction of Emotional Distress, (8) Negligent Infliction of Emotional Distress, (9) Breach of Contract and (10) Breach of Covenant

  • Hearing

    Jun 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

HERBERT WONG VS SAN GABRIEL SQUARE LLC

Further, with regard to the breach of implied warranty of habitability cause of action, the facts are completely vague and ambiguous.

  • Hearing

    Jul 10, 2018

PABLO ALVAREZ VS. LANTANA ASSOCIATES LLC

Overrule Defendants' general demurrer to the second cause of action for breach of the implied warranty of habitability, on the grounds that Plaintiffs allege sufficient facts to indicate that the subject rental agreement was a residential lease (see Complaint, ¶¶9, 10), and under California law a warranty of habitability is implied in every residential lease (see Green v. Sup. Ct. (1974) 10 Cal.3d 616, 631). Defendants' reliance on Quevedo v.

  • Hearing

    Sep 11, 2019

ISGRIGG V. ROYAL T. MANAGEMENT CORP.

The causes of action are: 1) breach of the implied warranty of habitability; 2) breach of the statutory warranty of habitability; 3) tortious failure to provide habitable premises; 4) breach of the covenant of quiet enjoyment; 5) negligent maintenance of premises; and 6) unfair business practices.

  • Hearing

    Jun 11, 2018

  • Type

    Real Property

  • Sub Type

    other

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