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Useful Rulings on Leases and Rental Agreements

Recent Rulings on Leases and Rental Agreements

FALISHA PORTER VS PHARMAVITE, LLC

Complaint alleges: In or around July 2018, defendant began psychological abuse against plaintiff Plaintiff was exposed to conversations, sounds, dinging of a bell, lines of people Plaintiff was a satisfactory employee with no reprimands Plaintiff was exposed to hours a day of throat clearing Plaintiff heard conversations about her personal life Plaintiff was exposed to mimicking Plaintiff was exposed to coordination of colors of clothes by co-workers to harassher And other similar complaints result in constructive

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BAHRAM JARIDIAN VS SUBARU OF AMERICA, INC., ET AL.

“In order that one who claims to have been defrauded be charged with constructive knowledge of the facts constituting the fraud, it must appear not only that he had notice of facts sufficient to put a prudent person upon inquiry, but also that means for the discovery of the facts were available to him.” (Sime v. Malouf (1949) 95 Cal.App.2d 82, 107.) Defendant argues that Plaintiff’s fraud claim is barred by the statute of limitations. (Demurrer MPA, p. 8:16-17.)

  • Hearing

ORLI SANTOS, AN INDIVIDUAL, ET AL. VS LA PROPERTIES HEFFESSE LLC, LIMITED LIABILITY COMPANY

BACKGROUND Plaintiffs’ compliant alleges the following causes of action: (1) breach of warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of California Civil Code, Section 1942.4; and (6) private nuisance. Plaintiffs filed a motion (the “Motion”) for an order granting Plaintiffs leave to file a First Amended Complaint. DISCUSSION Code Civ.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

BLANCA Y NAVARRO, ET AL. VS ROBERT WU, ET AL.

Plaintiffs allege that the Subject Property suffers from numerous habitability issues, including bedbug infestation, and that defendants have failed to maintain the Subject Property. On April 7, 2020, Plaintiffs filed a First Amended Complaint (“FAC”), asserting causes of action against Robert Wu (“Wu”), Peijie Ma (“Ma”) and Does 1-20 for: 1. Breach of Warranty of Habitability (Violation of Civil Code § 1941.1) 2. Breach of Warranty of Habitability (Health & Safety Code § 17920.3) 3.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ANDREW COCHRAN VS CP IV PARTHENIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

On March 24, 2020, Plaintiff filed a complaint for Tortious Breach of Warranty of Habitability, Breach of the Covenant of Quiet Enjoyment, Nuisance, Business and Professions Code section 17200, Negligence, and Breach of Contract. RULING: Denied. Defendants, CP IV Parthenia, LLC and Greystar Worldwide, LLC move to strike allegations in support of, and request for, punitive damages in negligence cause of action.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MASSIS DANIELIAN VS RICHARD DENOGEAN, ET AL.

(Id., ¶¶39 [IIED cause of action], 49 [wrongful eviction cause of action].) In the Second Action, Plaintiffs alleged that they were entitled to recover monies for the improvements and repairs that they made to the premises. (18BBCV00178 SAC, ¶¶36-37, 42.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DEBORAH ROSE, ET AL. VS FOUR TREES APARTMENTS, ET AL.

Discussion Plaintiffs move for leave to file a first amended complaint, which would (1) add the following causes of action: fourth cause of action for retaliation in violation of Civil Code section 1942.5; fifth cause of action for violation of Civil Code section 789.3; sixth cause of action for forcible detainer; seventh cause of action for wrongful eviction; and eighth cause of action for negligence; (2) omit the negligent infliction of emotional distress and unfair business practices claims; and (3) name

  • Hearing

JOE RELEFORD VS POSTMATES INC, ET AL.

Demurrer – Willful Misconduct A defendant may be liable for its willful misconduct when the defendant has “. . . (1) actual or constructive knowledge of the peril to be apprehended, (2) actual or constructive knowledge that injury is a probable, as opposed to a possible, result of the danger, and (3) conscious failure to act to avoid the peril.” (Nazar v. Rodeffer (1986) 184 Cal.App.3d 546, 552-553 [citation and quotations omitted] [abrogated on other grounds].)

  • Hearing

DELLA K. EARLS, ET AL. VS TONI WEBER, INDIVIDUALLY AND AS TRUSTEE OF THE BRADFORD FAMILY LIVING TRUST, DATED SEPTEMBER 14, 1999, ET AL.

Further, the one cause of action that Defendants would have prevailed on, Retaliatory Eviction, had no practical effect because Judgment was rendered on Defendants’ subsequently filed unlawful detainer action (Case No. 19NWUD0271) on 1/17/20, prior to the filing of Defendants’ motion to strike. The court therefore declines to award sanctions.

  • Hearing

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

JOE RELEFORD VS POSTMATES INC, ET AL.

Demurrer – Willful Misconduct A defendant may be liable for its willful misconduct when the defendant has “. . . (1) actual or constructive knowledge of the peril to be apprehended, (2) actual or constructive knowledge that injury is a probable, as opposed to a possible, result of the danger, and (3) conscious failure to act to avoid the peril.” (Nazar v. Rodeffer (1986) 184 Cal.App.3d 546, 552-553 [citation and quotations omitted] [abrogated on other grounds].)

  • Hearing

FELTON BICKHAM, AN INDIVIDUAL, ET AL. VS JAMAL BILL, AN INDIVIDUAL

., and Lavon Hall (collectively, “Plaintiffs”) filed this habitability action against Defendant Jamal Bill (“Defendant”). On June 18, 2020, Defendant filed an answer. Plaintiff filed this motion for leave to file a first amended complaint on October 16, 2020. The court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

JANE JB DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

Seventh Cause of Action: Constructive Fraud as to LAUSD Civil Code section 1573 provides that constructive fraud is any breach of duty where a defendant, “without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him.” Constructive fraud is also any “act or omission as the law specially declares to be fraudulent.” (Cal. Civ. Code § 1573.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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

Factual Background This is an action for breach of the warranty of habitability. The First Amended Complaint (“FAC”) alleges as follows.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MARIE MCGINNIS VS RICHARD GABRIEL, ET AL.

Second, Broker Defendants contend they did not have actual or constructive knowledge of any alleged dangerous condition, and that this knowledge is required on a premises liability claim, citing Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200. Finally, Broker Defendants contend that, to the extent Plaintiff can show the existence of a dangerous condition, such condition would be open and obvious, and thus preclude liability. Broker Defendants cite Holcombe v.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JOSEPH DADON VS THE VIEW PACIFIC OWNER, LLC

Sellers never disclosed the eviction of the former tenant or the rent cap. Judge Lu has retained counsel and intends to pursue mediation with the Sellers. The Court makes this disclosure so that the parties are aware of all facts reasonably related to the issue of disqualification. The Court has no basis to recuse itself. The Court can remain fair and impartial to all parties.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

JOSEPH DADON VS THE VIEW PACIFIC OWNER, LLC

Sellers never disclosed the eviction of the former tenant or the rent cap. Judge Lu has retained counsel and will be pursuing mediation with the Sellers. The Court makes this disclosure so that the parties are aware of all facts reasonably related to the issue of disqualification. The Court has no basis to recuse itself. The Court can remain fair and impartial to all parties.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

NEFERTARI VS GRUPE MANAGEMENT

Q: For these turnarounds, such as the one that was occurring in the eviction [of the prior occupant], would Bigelow ever be expected to check the water temperature of the units? A: By “check the water temperature,” what do you mean? Q: Check to make sure that the water temperature is not too hot, is at an appropriate temperature. A: No, they would not have been instructed to do that. (Martell Dep. 97:1-11.) Plaintiff and Owner/Grupe offer no contrary testimony on this point, which stands uncontested.

  • Hearing

LILIAN AMAYA VS VALLARTA FOOD ENTERPRISES INC

The Court finds Defendant has not met its burden because Defendant has failed to show it did not have constructive notice of the alleged dangerous condition. The last inspection to take place of the produce department occurred at 6:13 p.m., at the latest. Plaintiff did not walk into Defendant’s store until 8:00 p.m., at the earliest.

  • Hearing

FIDELITY NATIONAL TITLE INSURANCE COMPANY V. HOROWITZ

The constructive trust remedy is rationally related to the breach of fiduciary duty by Brown II as found by the arbitration panel, and the aiding and abetting finds against Deborah Marheine, Joseph G. Brown, and Donna Snider. (Meleski Decl., ¶ 2 and Exhibit A (Arbitration Award, at pp. 11-22 and 31).) The constructive trust ensures that Brown II complies with its fiduciary duty, and prevents Ms. Marheine, Mr. Brown, and Ms.

  • Hearing

ALLENE ROSE VS BUSTAMANTE ENTERPRISES INC ET AL

public entity is liable for injury caused by a dangerous condition of its property if (1) the property was in a dangerous condition at the time of the injury; (2) the dangerous condition caused the injury; (3) the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred; and (4) that either (a) a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the condition, or (b) the public entity had actual or constructive

  • Hearing

  • County

    Los Angeles County, CA

JOEY ROMO, ET AL. VS WENDY MILLER, ET AL.

The complaint, filed July 18, 2018, alleges causes of action for: (1) unlawful eviction; (2) intentional emotional distress; (3) willful harassment; (4) implied malice; (5) self help eviction; and (6) unlimited civil, demand over $25,000. On September 10, 2018, Wendy Miller filed an answer. On December 4, 2018, the dismissal of Plaintiff Bobby Riegler’s complaint as to all defendants was entered with prejudice. B.

  • Hearing

  • County

    Los Angeles County, CA

ADAN JESUS RUIZ, ET AL. VS WILMINGTON ARMS HOUSING, LP

“Breach can take many forms, including actual or constructive eviction.” Id. at 1035.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

PEGGYE MARTIN ET AL VS IBIERE SECK ET AL

The FAC alleges causes of action for constructive fraud, negligent misrepresentation, professional negligence- legal malpractice, breach of contract and breach of fiduciary duty. Respondents the Cochran Firm (now “Defendant”) filed an answer to the FAC on November 20, 2019, asserting thirty-four (34) affirmative defenses. On November 22, 2019, Plaintiffs filed a request for dismissal, indicating that Delray Bradley would no longer participate in this action.

  • Hearing

CHARLENE TANG VS 829 FLOWER, LLC , ET AL.

Sellers never disclosed the eviction of the former tenant or the rent cap. Judge Lu has retained counsel and intends to pursue mediation with the Sellers. The Court makes this disclosure so that the parties are aware of all facts reasonably related to the issue of disqualification. The Court has no basis to recuse itself. The Court can remain fair and impartial to all parties.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

LINDA P. DONOFRIO VS 4045 VINLAND AVENUE PARTNERS,, ET AL.

Following demurrer, Plaintiff filed her First Amended Complaint (“FAC”) on May 29, 2019, alleging nine causes of action sounding in (1) Breach of the Warranty of Habitability (Civ. Code §1941.1); (2) Breach of the Warranty of Habitability (Health & Saf. Code §17920.3); (3) Breach of the Warranty of Habitability (Civ.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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