What is a constructive eviction?

Useful Rulings on Constructive Eviction

Recent Rulings on Constructive Eviction

SU YANG, ET AL. VS JDW ASSOCIATION, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;, ET AL.

procedural history Plaintiffs filed the original Complaint on March 11, 2019, and the FAC on September 30, 2019, alleging five causes of action: Tortious breach of the warranty of habitability Negligence Nuisance Violation of Los Angeles Municipal Code and Los Angeles Rent Stabilization Ordinance Civil Code § 1940.2 On September 6, 2019, Defendants filed the instant Demurrer to the Complaint and Motion to Strike. On September 30, 2019, Plaintiffs filed a First Amended Complaint (“FAC”).

  • Hearing

    Aug 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MANATEK COMMERCIAL INSURANCE SERVICES INC VS ROLINDA DAY ET

Meyers (1982) 137 Cal.App.3d 770, 777 [holding trial court did not abuse its discretion in permitting amendment of complaint, which originally alleged constructive eviction, to allege retaliatory eviction where the new claim was based on the same general set of facts].) Although denial is rarely justified, a judge has discretion to deny leave to amend if the party seeking the amendment has been dilatory, and the delay has prejudiced the opposing party. (Morgan v.

  • Hearing

    Aug 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CAMBRIA COMPANY LLC, A MINNESOTA LIMITED LIABILITY COMPANY VS 213 MANHATTAN BEACH BLVD PARTNERS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

Additionally, per the Lease, Defendant could perform repairs and maintenance at the Premises without notice, and without constituting a constructive eviction. (D/UMF Nos. 3, 20.) (See Groh v.

  • Hearing

    Aug 06, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

CHRISTOPHER BORUNDA VS MY MANAGEMENT CO., INC., ET AL.

Procedural History On July 14, 2020, Plaintiff filed a complaint against Defendants for forcible entry; violation of Civil Code section 1940.2 (covenant of quiet enjoyment); IIED; violation of Civil Code section 789.3; violation of Los Angeles Rent Stabilization Ordinance; violation of Civil Code section 52.1; breach of warranty of habitability; and unfair business practices. On July 14, 2020, the court granted Plaintiff’s ex parte application for a TRO and for setting an OSC re: preliminary injunction.

  • Hearing

    Aug 04, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

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

    Aug 03, 2020

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

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. Code § 52.1; 12) demand and collection of excess rent in violation of RSO; and 13) Unfair Business Practices in violation of Bus. & Prof. Code § 17200.

  • Hearing

    Jul 31, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

GRUPO COMUNITARIO DE SAN MIGUEL CUEVAS V. HARMONYCOMMUNITIES, INC.

However, neither the complaint nor the motion for preliminary injunction alleges compliance with the conditions set forth in Civil Code, section 1940.2 – particularly Civil Code, section 1940.2 subd. (b)(5) [“A tenant may utilize a clothesline or drying rack in the tenant's private area if all of the following conditions are met: ¶ (5) The tenant has received approval of the clothesline or drying rack, or the type of clothesline or drying rack, from the landlord.”].)

  • Hearing

    Jul 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SANDRA TORRES, AN INDIVIDUAL, ET AL. VS RAFAAT KALLINI, INDIVIDUALLY AND AS TRUSTEE OF THE KALLINI REVOCABLE TRUST, ET AL.

(3) Constructive Eviction: Plaintiffs pleads sufficient facts to show that they abandoned the premises because they were left to live in a garage. (4) Unfair Business Practice: Plaintiffs sufficiently pleads that Defendants fraudulently and unfairly constructed an illegal apartment, concealed its dangerous nature, and leased it to tenants including Plaintiffs.

  • Hearing

    Jul 30, 2020

  • Type

    Real Property

  • Sub Type

    other

MED CAFE CORP, A CALIFORNIA CORPORATION VS MOSTAFA KARIMBEIK, ET AL.

While the failure to obtain the certificate of occupancy may have rendered the property unfit for the purpose for which it was leased, Plaintiff has not sufficiently alleged how it was constructively evicted, i.e., for how long it was not allowed to operate a restaurant and when the constructive eviction occurred or started. Moreover, if Plaintiff did not take possession of the property, it does not have a claim for constructive eviction, as Defendants’ conduct was no more than a breach of contract.

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

PABLO LOPEZ VS GENERAL MOTORS, LLC

Defendants demur to the third cause of action for constructive eviction arguing that because they are not identified as being either a party to the rental agreement or the owners of the subject property, it is unclear on what basis they may be liable for constructive eviction. In opposition, Plaintiffs argue that the Agreement clearly states that “Asset Property Management” is the landlord.

  • Hearing

    Jul 24, 2020

RANULFO SANTARRIAGA VS MIRNA ALCANTARA

.; (4) violation of Civil Code § 1940.2; (5) violation of Civil Code § 789.3; (6) violation of Civil Code § 1942.4; and (7) unlawful and unfair business practices. On November 5, 2019, Plaintiff California Automobile Insurance Company commenced this action, case number 19STCV39830, against Defendants Mirna E. Alcantara and Ranulfo Santarriaga for declaratory relief. Specifically, “Plaintiff contends that the policy of insurance it issued to defendant, Mirna E.

  • Hearing

    Jul 24, 2020

LETESHIA DRISDOM , ET AL. VS VANESSA GARCIA, ET AL.

BACKGROUND On April 10, 2019, plaintiffs Leteshia Drisdom and Marshawn Hemmans, a minor by and through GAL Leteshia Drisdom filed a complaint against Vanessa Garcia and Angel Chamale for (1) private nuisance, (2) breach of warranty of habitability, (3) negligence, (4) breach of covenant of good faith and fair dealing, (5) breach of implied covenant of quiet enjoyment, (6) violation of Civil Code §1942.5, (7) constructive eviction, and (8) violation of Civil Code §1950.5.

  • Hearing

    Jul 24, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LOUISE HOLLAND VS DANA CARL DENTZEL ET AL

BACKGROUND On March 26, 2018, Plaintiff Louise Holland (“Plaintiff”) filed a complaint against Defendants Dana Carl Dentzel, Paul Dentzel, and Mark Guardinieri for (1) tortious interruption and termination of utility (electricity), (2) tortious interruption and termination of utility (water), (3) tortious violation of Civil Code section 789.3(b), (4) violation of Civil Code section 1940.2, (5) intentional infliction of emotional distress, (6) negligent infliction of emotional distress, (7) trespass, (8) conversion

  • Hearing

    Jul 24, 2020

SMITH, ET AL. V. WEISBERG, ET AL.

Plaintiffs’ first cause of action for violation of Civil Code section 789.3, fourth cause of action for violation of Civil Code section 1940.2, fifth cause of action for violation of the Unfair Competition Law, and sixth cause of action for breach of the warranty of habitability are claims against the landlord. Plaintiffs allege that the owner of the real property was Defendant Menemsha Equity, LLC, a limited liability company. (FAC, ¶¶ 5, 8.)

  • Hearing

    Jul 22, 2020

JENNY MEDINA ET AL VS ANTONINA ESPOSO ET AL

(1) Breach of Warranty of Habitability (2) Breach of the Covenant of Quiet Enjoyment in Violation of Civil Code §1927 (3) Breach of the Covenant of Good Faith and Fair Dealing (4) Breach of Contract (5) Negligence (6) Negligent Infliction of Emotional Distress (7) Intentional Infliction of Emotional Distress (8) Retaliation (Civil Code, §1942.5) (9) Unlawful Business Practices (10) Constructive Eviction On 6 January 2020, Defendants filed an answer to Plaintiffs’ complaint.

  • Hearing

    Jul 16, 2020

ARTEMIO PEREZ ET AL VS JS UNION LLC ET AL

In the complaint, Plaintiffs allege for breach of lease agreement, tortious breach of implied warranty of habitability, statutory breach of warranty of habitability, negligence, premises liability, violation of LAMC §1501.04 and Civil Code §1947.11 – charging excessive rent, nuisance, collection of rent on substandard dwelling (Civil Code section 1942.4), constructive eviction, breach of the covenant of quiet enjoyment, intentional infliction of emotional distress, and violation of Business & Professions Code

  • Hearing

    Jul 16, 2020

HERNANDEZ VS EVERGREEN MOBILE HOME PARK LLC

. §789.3) and uncured building violations (Civ.C. §1942.4). Both statutes provide for an award of reasonable attorney's fees to the prevailing party. Considering counsel's knowledge, experience and rates within the community, counsel's hourly rate of $250 is reasonable.

  • Hearing

    Jul 16, 2020

  • Type

    Contract

  • Sub Type

    Breach

JAY BLAKEMORE, ET AL. VS BERENDO GROUP, LLC, ET AL.

The FAC alleges the following causes of action: 1) breach of contract, (2) breach of covenant of habitability, (3) violation of Los Angeles Municipal Code 152.03, (4) negligence, (5) negligent infliction of emotional distress, (6) trespass (Civil Code § 1954), (7) constructive eviction.

  • Hearing

    Jul 16, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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

; 12) Constructive Eviction; 13) Unlawful Business Practices in Violation of BP § 17200 Et Seq. and Civil Code § 1942.4; and 14) TRO, Preliminary and Permanent Injunctive Relief.

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

STEPHANIE SHIN VS JEWISH EDUCATIONAL MOVEMENT, A CALIFORNIA CORPORATION , ET AL.

She also moves for leave to add ten causes of action: (1) Wrongful Eviction; (2) Violation of California Civil Code § 1942.5 (Retaliatory Eviction) & Common Law Retaliatory Eviction; Violation of Civil Code § 789.3 (Illegal Lockout & Utility Shutoff); (3) Violation of Civil Code § 1980 et seq. & Conversion; (4) Violation of Civil Code § 1940.2 (Tenant Harassment); (5) Violation of Los Angeles Municipal Code § 151.00, et seq.; (6) Negligence; (7) Negligent Infliction of Emotional Distress; (8) Intentional Infliction

  • Hearing

    Jul 10, 2020

KELSEA SAKAMOTO VS GLENOAKS TOWNHOMES LLC, ET AL.

The complaint alleges causes of action for breach of contract, breach of implied warranty of habitability/tenantability, breach of implied warranty of quiet enjoyment, negligence, constructive eviction, nuisance, breach of the covenant of good faith and fair dealing, negligent misrepresentation and intentional misrepresentation. ANALYSIS: Procedural Untimely Opposition Plaintiff has filed an untimely opposition to this motion.

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ADAM WEISS VS NANCY CALHOUN VYE, ET AL.

Plaintiff filed a complaint against Defendants alleging causes of action for: (1) violation of the Los Angeles Rent Stabilization Ordinance; (2) retaliation; and (3) wrongful constructive eviction. Defendants filed a motion to strike the complaint with respect to claims for punitive damages. MEET AND CONFER The meet and confer requirement has been met.

  • Hearing

    Jul 09, 2020

LAURA SHAPIRO ET AL VS MORAD BEN NEMAN ET AL

The TAC asserts causes of action for (1) breach of warranty of habitability, (2) negligence, (5) forcible detainer, (6) failure to return security deposits, (9) covenant of peaceful and quiet enjoyment, (10) constructive eviction, (11) retaliatory eviction, (12) abuse of process and frivolous filings, (13) breach of warranty of suitability, (14) illegal collection of rent, (15) violation of the Los Angeles Municipal Code – Relocation Benefits, (16) breach of written contract, (17) breach of oral contract, (18

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RICHARD DEL ROSARIO VS JOSEPH KAISER GABRIEL ET AL

Gabriel, Sanaa Gabriel, and Does 1 through 25, alleging: (1) tenant harassment in violation of Civil Code section 1940.2; (2) retaliatory eviction in violation of Civil Code section 1942.5; (3) wrongful eviction in violation of L.A.M.C. section 151.09; (4) assault; (5) battery; and (6) intentional infliction of emotion distress. On November 21, 2019, Plaintiff served Dr. Ibrahin with a Deposition Subpoena for Personal Appearance and Production of Documents and Things. Dr.

  • Hearing

    Jul 08, 2020

DUANMING CAI AS AN INDIVIDUAL AND ATTORNEY IN FACT, ET AL. VS ROCKY HONG, AN INDIVIDUAL, ET AL.

Meyers (1982) 137 Cal.App.3d 770, 777 [holding trial court did not abuse its discretion in permitting amendment of complaint, which originally alleged constructive eviction, to allege retaliatory eviction where the new claim was based on the same general set of facts].) Although denial is rarely justified, a judge has discretion to deny leave to amend if the party seeking the amendment has been dilatory, and the delay has prejudiced the opposing party. (Morgan v.

  • Hearing

    Jul 07, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

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