Preview
1 Roy Diaz, Esq. Bar # 304819
2 Christofer R. Chapman, Esq. Bar # 153186
Jason B. Friedman, Esq. Bar # 216178
3 FRIEDMAN & CHAPMAN, LLP
1342 Coronado Ave.,
4
Long Beach, CA 90804
5 562-888-4151 Telephone; 562-436-9415 Facsimile
chris@fc-lawfirm.com jason@fc-lawfirm.com
6
7 Attorneys for all Plaintiffs,
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF RIVERSIDE, CENTRAL DISTRICT
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JESSICA MELENDEZ, an individual; Case No.
11 MARIANA RODRIGUEZ, an individual;
Judge:
12
Dept.:
13 Plaintiffs, COMPLAINT FOR:
14 v.
1) BREACH OF IMPLIED
15 VENKATA DONTHINENI, an individual; and WARRANTY OF HABITABILITY
DOES 1 through 50; inclusive; 2) BREACH OF STATUTORY
16 WARRANTY OF HABITABILITY
Defendants. 3) BREACH OF THE COVENANT OF
17 QUIET ENJOYMENT
4) NEGLIGENCE
18 5) VIOLATION OF CIVIL CODE
SECTION 1942.4
19 6) PRIVATE NUISANCE
20 DEMAND FOR JURY TRIAL
21 Plaintiffs individually and collectively allege against the Defendants as follows:
22 1. Defendant VENKATA DONTHINENI, an individual, from on or about July 30,
23 2007, through the present, was the owner and manager of an apartment building with APN 118-
24 283-014 located at 935-950 W. 5th Steet, Corona, California 92882, herein after “apartment
25 building.”
26 2. Plaintiffs, JESSICA MELENDEZ, an individual; MARIANA RODRIGUEZ,
27 an individual; hereinafter “Plaintiffs,” are individuals who are now or have been tenants subject
28 to a lease in the apartment building at various relevant times as alleged herein. At all times
1
COMPLAINT
1 relevant herein, Plaintiffs resided in Unit A4 of the apartment building. However, the basic terms
2 are that Plaintiffs agreed to pay rent and abide by lawful tenant obligations in exchange for
3 Defendant allowing possession of the unit in the apartment building and abide by lawful
4 landlord obligations. Upon information and belief, the Defendant is in possession of each of the
5 lease agreements.
6 3. Plaintiffs are informed and believe, and on that basis allege that Defendant resides in
7 and does business in the State of California, County of Riverside and City of Corona. Plaintiffs are
8 informed and believe that Defendants are legal residents of this State. Plaintiffs are informed and
9 believe that Defendants have been the owners and managers of the building, and have exercised
10 real or apparent authority regarding it, and have been legally responsible for maintaining the
11 building in a lawful and habitable condition but failed to do so.
12 4. The true names and capacities of Defendants sued as Does 1 through 50 are
13 unknown to the Plaintiffs, and each of them, at this time. Plaintiffs, and each of them, therefore, sue
14 said Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege the true
15 names and capacities of Does 1 through 50 when ascertained. Nevertheless, Plaintiffs, and each of
16 them, are informed and believe, and based thereon allege, that each of the Doe Defendants, jointly
17 and severally, are in some manner responsible for all or some of the damages alleged herein. Any
18 reference made to the “Landlord” or to the “Defendants” includes Does 1 through 50, inclusive.
19 5. Plaintiffs are informed and believe, and thereon alleged, that each Defendant was the
20 employee, agent, servant, partner, trustee, beneficiary, executor, fictitious business name,
21 administrator, member, shareholder, alter ego, and/or joint venturer of each of the remaining
22 Defendants and was acting within the scope of said employment, agency, trust relationship,
23 beneficiary status, service, partnership, membership, fictitious business name, and/or joint venture.
24 Plaintiffs are further informed and believe that each act on the part of each Defendant was
25 substantially ratified by each of the remaining Defendants.
26 ///
27 ///
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2
COMPLAINT
1 FIRST CAUSE OF ACTION: BREACH OF WARRANTY OF HABITABILITY
2 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
3 6. Plaintiffs re-allege and incorporate by reference every allegation contained in the
4 preceding paragraphs of this Complaint as through fully set forth herein.
5 7. By virtue of the landlord/tenant relationship, and/or residential lease contract
6 between Plaintiffs and Defendant, Defendant owed Plaintiffs the duty to comply with building, fire,
7 health and safety codes, ordinances, regulation, and other laws and to maintain the premises in a
8 habitable condition.
9 8. Defendant breached this duty and the implied warranty of habitability by failing to
10 correct the substandard conditions, which include but are not limited to, garbage disposal
11 deficiencies; electrical deficiencies; plumbing deficiencies; lack of hot water; water leaks; water
12 damaged ceilings, floors and walls containing mold and mildew; rodent infestations; insect
13 infestations; pest infestations; security and safety deficiencies; storage deficiencies; refuse disposal
14 deficiencies; and loss of use of the premises for various periods of times from at least April of 2015
15 and to the present.
16 9. Specifically, the deficiencies in the apartment building include, but are not limited to
17 the failure to:
18 a. Maintain the building from cockroaches, fleas, mites, bedbugs or other vermin
19 infestation. Seal all cracks and crevices to eliminate cockroach and other vermin
20 harborages as required by Health and Safety Code §17920.3(J) and other
21 applicable laws.
22 b. Provide and maintain approved screening (16 mesh or smaller) set in tight-fitting
23 frames to all operable windows, and to all other openings in the exterior walls of
24 buildings as required by California Civil Code §1941.1 and other applicable laws.
25 c. Maintain all bathrooms, toilet rooms and their fixtures in good repair and free from
26 corrosion as required by the California Building Standards Codes §§407.1 and
27 407.2.
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COMPLAINT
1 d. Maintain the counters/drain boards for kitchen sinks, bathroom lavatories, and
2 adjacent wall and/or floor surfaces in a manner to prevent water damage, and/or in
3 a clean and sanitary condition and free from dirty or foreign materials. Health and
4 Safety Code § 17920.3(a)(13).
5 e. Maintain all exits, hallways, corridors, and stairways with required lighting.
6 f. Provide and maintain required Smoke Detectors as required by the California
7 Building Standards Code §§907.2.3.6.1 and 907.2.3.9.2 and all other applicable
8 laws.
9 g. Replace broken smoke detectors as required by the California Building Standards
10 Code §907.2.3.92 and all other applicable laws.
11 h. Maintain all doors, door frames and cabinet doors in good repair as required by the
12 Health and Safety Code §17920.3(a)(13).
13 i. Maintain all windows and window sashes in good repair as required by California
14 Civil Code §1941.1 and all other applicable laws.
15 j. Maintain all electrical equipment, including the service panel, subpanels, conduits,
16 wiring, switches, outlets, fixtures in good repair Health and Safety
17 Code§17920.33(d).
18 k. Maintain or install approved hard-wired Smoke Detectors at the required locations
19 California Building Standards Code §907.2.3. c.i.
20 l. Maintain all electrical switches, receptacles and other outlets with protective plates
21 as required by the National Electrical Code 370-15 and other applicable laws.
22 m. Maintain all electrical outlets in bathrooms, and all electrical outlets in kitchens
23 located within 6 feet of sinks, with ground fault interruption protection as required
24 by the National Electrical Code 210-8 and other applicable laws.
25 n. Maintain all plumbing lines and plumbing fixtures free from defects. Correct any
26 loose, leaky, clogged or otherwise faulty toilets, faucets, sinks, showers, bathtubs,
27 and plumbing lines as required by the Uniform Plumbing Code, §§302; 801; 907,
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COMPLAINT
1 the California Building Standards Codes §§407.2 and 407.3 and other applicable
2 laws.
3 o. Maintain enamel surfaces on sinks and bathtubs in good repair as required by the
4 Uniform Plumbing Code §901 and other applicable laws.
5 p. Maintain the wall areas adjacent to sinks, showers, and bathtubs in good repair as
6 required by the Health and Safety Code §17920.3.c and all other applicable laws.
7 q. Provide and maintain the required central or individual room heating appliance in
8 good repair and operable at all times as required by the Health & Safety Code
9 Section 17920.3a.6 and other applicable laws.
10 r. Maintain the required mechanical or natural bathroom ventilation as required by
11 Health & Safety Code Section 17920.3c and other applicable laws.
12 s. Maintain the required appliance venting system in a good and safe condition, and
13 in conformance with applicable laws at the time of insulation as required by
14 Health & Safety Code Section 17920.3.c.
15 10. At all relevant times, up to and including the present, the buildings, and each of
16 them, have not been, and are not habitable or tenantable and, therefore, have a lesser rental value
17 than that which has been demanded. At all relevant times, Plaintiffs nonetheless paid full or partial
18 rent to Defendant, or were legally excused from paying any or a portion of such rent to the
19 Defendant, due to each building’s uninhabitable condition. Plaintiffs notified Defendant of the
20 uninhabitable conditions, or the conditions were obvious to Defendant upon reasonable inspection,
21 but Defendant failed to respond or adequately respond in a reasonable amount of time.
22 11. Defendant knew, or reasonably should have known, that Plaintiffs would suffer
23 damages because of this breach. Plaintiffs have been damaged by Defendant's conduct and are
24 entitled to compensatory damages in an amount to be proven at the time of trial. Defendant was put
25 on notice of the uninhabitable condition by Plaintiffs, Defendant’s employees and agents, and
26 public entities.
27 12. As a direct and proximate result of the Defendant's conduct, Plaintiffs have suffered
28 and will continue to suffer, illness, physical injury, mental stress, emotional distress, discomfort,
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COMPLAINT
1 annoyance, anxiety, loss in the value of his/her leasehold, property damage, out of pocket costs,
2 medical expenses, loss of use, lost income, and loss of earning capacity, all to Plaintiffs’ damage in
3 an amount to be determined at trial, but which amount is within the jurisdictional requirements of
4 the Court.
5 SECOND CAUSE OF ACTION: BREACH OF STATUTORY
6 WARRANTY OF HABITABILITY
7 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
8 13. Plaintiffs re-allege and incorporate by reference every allegation contained in the
9 preceding paragraphs of this Complaint, as though fully set forth herein.
10 14. As explained in the more detailed factual allegations set forth in this Complaint, the
11 Defendants have breached the warranty of habitability established by Section 1941 of the Civil
12 Code by failing to ensure that the building is in a condition that meets the requirements of Section
13 1941.1 of the Civil Code and Section 17920.3 of the Health and Safety Code. Examples of these
14 violations, of which Defendants were, or should have been aware, are more fully set forth in
15 paragraph 9 herein and incorporated herein by reference as though fully set forth.
16 15. The Defendant owner of the building was always in control of and responsible for
17 the maintenance of the building. Defendant negligently maintained the apartment building and
18 failed to institute a regular building maintenance review process for the building or otherwise
19 timely effectuate maintenance and repairs to the same.
20 16. The Defendant's repeated breaches of the warranty of habitability reduced the value
21 of all tenancies, caused personal bodily injuries to the inhabitants, and caused Plaintiffs to feel the
22 natural anxiety that an ordinary person feels under the relatively uniform unhealthy and unsafe
23 conditions.
24 17. The failure of the Defendant to fulfill the statutory obligations described in this
25 Complaint was initially merely negligent, but after repeated notice, both actual and constructive,
26 the Defendant's failure to comply with the relevant habitability statutes can be interpreted as
27 reckless or intentional refusal to comply with obligations imposed by statutes. This refusal to
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COMPLAINT
1 maintain the property is the sort of malicious action that justifies an award of treble damages or
2 other statutory or common law damages.
3 THIRD CAUSE OF ACTION: BREACH OF THE COVENANT
4 OF QUIET ENJOYMENT
5 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
6 18. Plaintiffs re-allege and incorporate by reference every allegation contained in the
7 preceding paragraphs of this Complaint, as though set forth in full herein.
8 19. Plaintiffs held a leasehold interest in and have been tenants of the property while the
9 Defendant owned and managed the property.
10 20. Implied in the rental agreement in California, oral and written, is a covenant that the
11 landlord will not interfere with the tenants’ quiet enjoyment of the premises during their tenancy.
12 21. Defendant has a duty to abide by the implied covenant of quiet enjoyment.
13 Defendant breached this duty and the implied covenant by their conduct as described above,
14 including, but not limited to, implement a regular maintenance review and inspection process;
15 failing to repair unsafe, unsanitary, and uninhabitable conditions at the premises; and failing to
16 maintain the premises in a habitable condition.
17 22. Defendant knew, or reasonably should have known, that Plaintiffs would suffer
18 damage because of this breach. Defendant received complaints regarding uninhabitable conditions
19 by Plaintiffs and various governmental agencies, including City agencies. Despite this knowledge
20 they negligently failed to remedy the problems with the property.
21 23. As a direct and proximate result of Defendant's breach of the covenant of quiet
22 enjoyment, the value of the leasehold held by each Plaintiff has been diminished. Consequently,
23 each Plaintiff was damaged in an amount equal to the rental payments due and paid during each
24 leasehold or in an amount to be proven at trial.
25 24. As a direct and proximate result of Defendant's breach, Plaintiffs have suffered
26 and/or continue to suffer illness, physical injury, mental stress, emotional distress, discomfort,
27 annoyance, anxiety, loss of value of his/her leasehold, property damage, loss of use (including but
28 not limited to lack of water, heat, bed bugs, forced stays out of the apartment, etc.), constructive
7
COMPLAINT
1 eviction, and lost income, all to Plaintiffs’ detriment in an amount to be determined at trial, but
2 which amount is within the jurisdictional requirements of this Court.
3 FOURTH CAUSE OF ACTION: NEGLIGENCE
4 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
5 25. Plaintiffs re-allege and incorporate by reference every allegation contained in the
6 preceding paragraphs of this Complaint as though set forth herein.
7 26. As landowners and/or managers of land, Defendant owed a duty of care under
8 common law and Civil Code section 1714 to exercise due care in management of the property to
9 avoid foreseeable injury to others. This due care required Defendant to comply with all building,
10 health, fire and safety codes, ordinances, regulations, and other laws applying to maintenance and
11 operation of residential rental housing. To the extent that Defendant violated ordinances, codes, and
12 other laws, including but not limited to those identified in paragraph 9 above, the violations
13 constitute negligence per se. This obligation of the owner also includes the obligation to properly
14 maintain the apartment building and to timely and competently effectuate repairs or pest
15 eradication when required. Plaintiffs, and each of them, were harmed because of the way that
16 Defendant mis-managed the property that Defendant owned and rented to the Plaintiffs. Defendant
17 was negligent in the use or maintenance of the property. Each Plaintiff rented from the Defendant
18 and was and continues to be harmed by Defendant's negligent conduct. Defendant's conduct is a
19 substantial factor in causing Plaintiffs' harm.
20 27. Defendant breached their common law and statutory duties of due care by failing to
21 institute a regular maintenance process; correct the substandard conditions complained of herein;
22 and failing to supervise their agents and employees who operated and maintained the building.
23 Defendant knew, or reasonably should have known, that Plaintiffs would be injured because of this
24 breach of common law and statutory duties of due care.
25 28. As a direct and proximate result of Defendant's negligent maintenance of the
26 premises, the value of the leasehold held by Plaintiffs, and each of them, is diminished.
27 Consequently, Plaintiffs have been damaged in an amount to be proven at trial.
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COMPLAINT
1 29. As a further direct and proximate result of the conduct of Defendant, Plaintiffs have
2 suffered and continue to suffer illness, physical injury, mental stress, emotional distress, anxiety,
3 annoyance and discomfort, property damage, and lost income, all to Plaintiffs’ damage in an
4 amount to be proven at trial, but within the jurisdictional requirements of this Court.
5 FIFTH CAUSE OF ACTION: VIOLATION OF CIVIL CODE
6 SECTION 1942.4
7 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
8 30. Plaintiffs re-allege and incorporate by reference every allegation contained in the
9 preceding paragraphs of this Complaint as though set forth herein.
10 31. Plaintiffs are informed and believe, and herein allege, that Defendant violated Civil
11 Code section 1942.4 by not correcting conditions cited by government housing enforcement
12 agencies within 35 days of issuance of the citation. There was no good cause for Defendant's delay
13 in making the required repairs. Moreover, the substandard conditions were not caused by any act or
14 omission of the Plaintiffs collectively or individually who continued to pay rent.
15 32. Plaintiffs are informed and believe, and herein allege, that said violations of Civil
16 Code sections 1942.4 occurred during the last four years and are continuing. Plaintiffs as rent
17 paying tenants asserted their rights by complaining of the uninhabitable conditions each were living
18 in, but Defendant failed to timely and adequately make corrections.
19 33. Plaintiffs have been damaged by Defendant's conduct in an amount to be proven at
20 trial. Plaintiff is entitled to the rent abatement in an amount to be proven at trial, and pursuant to
21 Civil Code section 1942.4(b), Plaintiffs are entitled to actual damages and special damages in an
22 amount to be determined at trial. Each Plaintiff has been damaged by Defendant's conduct in an
23 amount equal to rents paid by each Plaintiff during the time Defendant violated Civil Code section
24 1942.4 in an amount to be proven at trial. Finally, pursuant to Civil Code section 1942.4(b), each
25 Plaintiff is entitled to actual damages sustained and special damages in an amount not less than
26 $100.00 nor more than $5,000.00, as well as reasonable attorney’s fees and costs in an amount
27 fixed by the Court.
28 ///
9
COMPLAINT
1 SIXTH CAUSE OF ACTION: PRIVATE NUISANCE
2 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
3 34. Plaintiffs re-allege and incorporate by reference every allegation contained in the
4 preceding paragraphs of this Complaint as though set forth herein.
5 35. The conditions of the Subject Property that the Defendant caused constitute a private
6 nuisance within, but not limited to the meaning of Civil Code §3479 because the defective
7 conditions were injurious to the health and safety of Plaintiffs, indecent and offensive to the
8 Plaintiffs and interfered substantially with their comfortable enjoyment of the Subject Property.
9 36. These conditions constituted substantial and unreasonable interference with the
10 Plaintiffs’ private use and enjoyment of the property.
11 37. As a direct and proximate result of the private nuisance, the Plaintiffs sustained
12 general, special and property damage in amounts to be determined at trial.
13 WHEREFORE,
14 1. For each Cause of Action alleged herein, Plaintiffs pray for:
15 a. All medical specials incurred as the result of the acts of Defendants as alleged
16 herein in an amount to be proven at the time trial;
17 b. Damages, out of pocket costs, and/or loss to personal property in an amount
18 to be proven at the time of trial;
19 c. Loss of earnings and/or earning capacity;
20 d. Emotional distress and mental suffering;
21 e. For general bodily injury damages;
22 2. For pre- and post-judgment interest, pursuant to Civil Code sections 3288 and 3291.
23 3. For reasonable attorney’s fees and costs, including, but not limited to those awarded
24 pursuant to contract and Section 1942.4 of the Civil Code.
25 4. Costs of suit; and
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10
COMPLAINT
1 5. For any further relief, the Court deems appropriate and just.
2
3 Dated: September 12, 2023 FRIEDMAN & CHAPMAN
4
5 By: _________________________
6 CHRISTOFER CHAPMAN
JASON B. FRIEDMAN
7 Attorneys for all Plaintiffs Named
Herein
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COMPLAINT
1 DEMAND FOR JURY TRIAL
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Plaintiffs herein demand a trial by jury as to all claims and causes of action.
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5 Dated: September 12, 2023 FRIEDMAN & CHAPMAN
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7 By: _________________________
CHRISTOFER CHAPMAN
8 JASON B. FRIEDMAN
9 Attorneys for all Plaintiffs Named
Herein
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COMPLAINT
Preview
1 Roy Diaz, Esq. Bar # 304819 2 Christofer R. Chapman, Esq. Bar # 153186 Jason B. Friedman, Esq. Bar # 216178 3 FRIEDMAN & CHAPMAN, LLP 1342 Coronado Ave., 4 Long Beach, CA 90804 5 562-888-4151 Telephone; 562-436-9415 Facsimile chris@fc-lawfirm.com jason@fc-lawfirm.com 6 7 Attorneys for all Plaintiffs, 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF RIVERSIDE, CENTRAL DISTRICT 10 JESSICA MELENDEZ, an individual; Case No. 11 MARIANA RODRIGUEZ, an individual; Judge: 12 Dept.: 13 Plaintiffs, COMPLAINT FOR: 14 v. 1) BREACH OF IMPLIED 15 VENKATA DONTHINENI, an individual; and WARRANTY OF HABITABILITY DOES 1 through 50; inclusive; 2) BREACH OF STATUTORY 16 WARRANTY OF HABITABILITY Defendants. 3) BREACH OF THE COVENANT OF 17 QUIET ENJOYMENT 4) NEGLIGENCE 18 5) VIOLATION OF CIVIL CODE SECTION 1942.4 19 6) PRIVATE NUISANCE 20 DEMAND FOR JURY TRIAL 21 Plaintiffs individually and collectively allege against the Defendants as follows: 22 1. Defendant VENKATA DONTHINENI, an individual, from on or about July 30, 23 2007, through the present, was the owner and manager of an apartment building with APN 118- 24 283-014 located at 935-950 W. 5th Steet, Corona, California 92882, herein after “apartment 25 building.” 26 2. Plaintiffs, JESSICA MELENDEZ, an individual; MARIANA RODRIGUEZ, 27 an individual; hereinafter “Plaintiffs,” are individuals who are now or have been tenants subject 28 to a lease in the apartment building at various relevant times as alleged herein. At all times 1 COMPLAINT 1 relevant herein, Plaintiffs resided in Unit A4 of the apartment building. However, the basic terms 2 are that Plaintiffs agreed to pay rent and abide by lawful tenant obligations in exchange for 3 Defendant allowing possession of the unit in the apartment building and abide by lawful 4 landlord obligations. Upon information and belief, the Defendant is in possession of each of the 5 lease agreements. 6 3. Plaintiffs are informed and believe, and on that basis allege that Defendant resides in 7 and does business in the State of California, County of Riverside and City of Corona. Plaintiffs are 8 informed and believe that Defendants are legal residents of this State. Plaintiffs are informed and 9 believe that Defendants have been the owners and managers of the building, and have exercised 10 real or apparent authority regarding it, and have been legally responsible for maintaining the 11 building in a lawful and habitable condition but failed to do so. 12 4. The true names and capacities of Defendants sued as Does 1 through 50 are 13 unknown to the Plaintiffs, and each of them, at this time. Plaintiffs, and each of them, therefore, sue 14 said Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege the true 15 names and capacities of Does 1 through 50 when ascertained. Nevertheless, Plaintiffs, and each of 16 them, are informed and believe, and based thereon allege, that each of the Doe Defendants, jointly 17 and severally, are in some manner responsible for all or some of the damages alleged herein. Any 18 reference made to the “Landlord” or to the “Defendants” includes Does 1 through 50, inclusive. 19 5. Plaintiffs are informed and believe, and thereon alleged, that each Defendant was the 20 employee, agent, servant, partner, trustee, beneficiary, executor, fictitious business name, 21 administrator, member, shareholder, alter ego, and/or joint venturer of each of the remaining 22 Defendants and was acting within the scope of said employment, agency, trust relationship, 23 beneficiary status, service, partnership, membership, fictitious business name, and/or joint venture. 24 Plaintiffs are further informed and believe that each act on the part of each Defendant was 25 substantially ratified by each of the remaining Defendants. 26 /// 27 /// 28 /// 2 COMPLAINT 1 FIRST CAUSE OF ACTION: BREACH OF WARRANTY OF HABITABILITY 2 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 3 6. Plaintiffs re-allege and incorporate by reference every allegation contained in the 4 preceding paragraphs of this Complaint as through fully set forth herein. 5 7. By virtue of the landlord/tenant relationship, and/or residential lease contract 6 between Plaintiffs and Defendant, Defendant owed Plaintiffs the duty to comply with building, fire, 7 health and safety codes, ordinances, regulation, and other laws and to maintain the premises in a 8 habitable condition. 9 8. Defendant breached this duty and the implied warranty of habitability by failing to 10 correct the substandard conditions, which include but are not limited to, garbage disposal 11 deficiencies; electrical deficiencies; plumbing deficiencies; lack of hot water; water leaks; water 12 damaged ceilings, floors and walls containing mold and mildew; rodent infestations; insect 13 infestations; pest infestations; security and safety deficiencies; storage deficiencies; refuse disposal 14 deficiencies; and loss of use of the premises for various periods of times from at least April of 2015 15 and to the present. 16 9. Specifically, the deficiencies in the apartment building include, but are not limited to 17 the failure to: 18 a. Maintain the building from cockroaches, fleas, mites, bedbugs or other vermin 19 infestation. Seal all cracks and crevices to eliminate cockroach and other vermin 20 harborages as required by Health and Safety Code §17920.3(J) and other 21 applicable laws. 22 b. Provide and maintain approved screening (16 mesh or smaller) set in tight-fitting 23 frames to all operable windows, and to all other openings in the exterior walls of 24 buildings as required by California Civil Code §1941.1 and other applicable laws. 25 c. Maintain all bathrooms, toilet rooms and their fixtures in good repair and free from 26 corrosion as required by the California Building Standards Codes §§407.1 and 27 407.2. 28 3 COMPLAINT 1 d. Maintain the counters/drain boards for kitchen sinks, bathroom lavatories, and 2 adjacent wall and/or floor surfaces in a manner to prevent water damage, and/or in 3 a clean and sanitary condition and free from dirty or foreign materials. Health and 4 Safety Code § 17920.3(a)(13). 5 e. Maintain all exits, hallways, corridors, and stairways with required lighting. 6 f. Provide and maintain required Smoke Detectors as required by the California 7 Building Standards Code §§907.2.3.6.1 and 907.2.3.9.2 and all other applicable 8 laws. 9 g. Replace broken smoke detectors as required by the California Building Standards 10 Code §907.2.3.92 and all other applicable laws. 11 h. Maintain all doors, door frames and cabinet doors in good repair as required by the 12 Health and Safety Code §17920.3(a)(13). 13 i. Maintain all windows and window sashes in good repair as required by California 14 Civil Code §1941.1 and all other applicable laws. 15 j. Maintain all electrical equipment, including the service panel, subpanels, conduits, 16 wiring, switches, outlets, fixtures in good repair Health and Safety 17 Code§17920.33(d). 18 k. Maintain or install approved hard-wired Smoke Detectors at the required locations 19 California Building Standards Code §907.2.3. c.i. 20 l. Maintain all electrical switches, receptacles and other outlets with protective plates 21 as required by the National Electrical Code 370-15 and other applicable laws. 22 m. Maintain all electrical outlets in bathrooms, and all electrical outlets in kitchens 23 located within 6 feet of sinks, with ground fault interruption protection as required 24 by the National Electrical Code 210-8 and other applicable laws. 25 n. Maintain all plumbing lines and plumbing fixtures free from defects. Correct any 26 loose, leaky, clogged or otherwise faulty toilets, faucets, sinks, showers, bathtubs, 27 and plumbing lines as required by the Uniform Plumbing Code, §§302; 801; 907, 28 4 COMPLAINT 1 the California Building Standards Codes §§407.2 and 407.3 and other applicable 2 laws. 3 o. Maintain enamel surfaces on sinks and bathtubs in good repair as required by the 4 Uniform Plumbing Code §901 and other applicable laws. 5 p. Maintain the wall areas adjacent to sinks, showers, and bathtubs in good repair as 6 required by the Health and Safety Code §17920.3.c and all other applicable laws. 7 q. Provide and maintain the required central or individual room heating appliance in 8 good repair and operable at all times as required by the Health & Safety Code 9 Section 17920.3a.6 and other applicable laws. 10 r. Maintain the required mechanical or natural bathroom ventilation as required by 11 Health & Safety Code Section 17920.3c and other applicable laws. 12 s. Maintain the required appliance venting system in a good and safe condition, and 13 in conformance with applicable laws at the time of insulation as required by 14 Health & Safety Code Section 17920.3.c. 15 10. At all relevant times, up to and including the present, the buildings, and each of 16 them, have not been, and are not habitable or tenantable and, therefore, have a lesser rental value 17 than that which has been demanded. At all relevant times, Plaintiffs nonetheless paid full or partial 18 rent to Defendant, or were legally excused from paying any or a portion of such rent to the 19 Defendant, due to each building’s uninhabitable condition. Plaintiffs notified Defendant of the 20 uninhabitable conditions, or the conditions were obvious to Defendant upon reasonable inspection, 21 but Defendant failed to respond or adequately respond in a reasonable amount of time. 22 11. Defendant knew, or reasonably should have known, that Plaintiffs would suffer 23 damages because of this breach. Plaintiffs have been damaged by Defendant's conduct and are 24 entitled to compensatory damages in an amount to be proven at the time of trial. Defendant was put 25 on notice of the uninhabitable condition by Plaintiffs, Defendant’s employees and agents, and 26 public entities. 27 12. As a direct and proximate result of the Defendant's conduct, Plaintiffs have suffered 28 and will continue to suffer, illness, physical injury, mental stress, emotional distress, discomfort, 5 COMPLAINT 1 annoyance, anxiety, loss in the value of his/her leasehold, property damage, out of pocket costs, 2 medical expenses, loss of use, lost income, and loss of earning capacity, all to Plaintiffs’ damage in 3 an amount to be determined at trial, but which amount is within the jurisdictional requirements of 4 the Court. 5 SECOND CAUSE OF ACTION: BREACH OF STATUTORY 6 WARRANTY OF HABITABILITY 7 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 8 13. Plaintiffs re-allege and incorporate by reference every allegation contained in the 9 preceding paragraphs of this Complaint, as though fully set forth herein. 10 14. As explained in the more detailed factual allegations set forth in this Complaint, the 11 Defendants have breached the warranty of habitability established by Section 1941 of the Civil 12 Code by failing to ensure that the building is in a condition that meets the requirements of Section 13 1941.1 of the Civil Code and Section 17920.3 of the Health and Safety Code. Examples of these 14 violations, of which Defendants were, or should have been aware, are more fully set forth in 15 paragraph 9 herein and incorporated herein by reference as though fully set forth. 16 15. The Defendant owner of the building was always in control of and responsible for 17 the maintenance of the building. Defendant negligently maintained the apartment building and 18 failed to institute a regular building maintenance review process for the building or otherwise 19 timely effectuate maintenance and repairs to the same. 20 16. The Defendant's repeated breaches of the warranty of habitability reduced the value 21 of all tenancies, caused personal bodily injuries to the inhabitants, and caused Plaintiffs to feel the 22 natural anxiety that an ordinary person feels under the relatively uniform unhealthy and unsafe 23 conditions. 24 17. The failure of the Defendant to fulfill the statutory obligations described in this 25 Complaint was initially merely negligent, but after repeated notice, both actual and constructive, 26 the Defendant's failure to comply with the relevant habitability statutes can be interpreted as 27 reckless or intentional refusal to comply with obligations imposed by statutes. This refusal to 28 6 COMPLAINT 1 maintain the property is the sort of malicious action that justifies an award of treble damages or 2 other statutory or common law damages. 3 THIRD CAUSE OF ACTION: BREACH OF THE COVENANT 4 OF QUIET ENJOYMENT 5 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 6 18. Plaintiffs re-allege and incorporate by reference every allegation contained in the 7 preceding paragraphs of this Complaint, as though set forth in full herein. 8 19. Plaintiffs held a leasehold interest in and have been tenants of the property while the 9 Defendant owned and managed the property. 10 20. Implied in the rental agreement in California, oral and written, is a covenant that the 11 landlord will not interfere with the tenants’ quiet enjoyment of the premises during their tenancy. 12 21. Defendant has a duty to abide by the implied covenant of quiet enjoyment. 13 Defendant breached this duty and the implied covenant by their conduct as described above, 14 including, but not limited to, implement a regular maintenance review and inspection process; 15 failing to repair unsafe, unsanitary, and uninhabitable conditions at the premises; and failing to 16 maintain the premises in a habitable condition. 17 22. Defendant knew, or reasonably should have known, that Plaintiffs would suffer 18 damage because of this breach. Defendant received complaints regarding uninhabitable conditions 19 by Plaintiffs and various governmental agencies, including City agencies. Despite this knowledge 20 they negligently failed to remedy the problems with the property. 21 23. As a direct and proximate result of Defendant's breach of the covenant of quiet 22 enjoyment, the value of the leasehold held by each Plaintiff has been diminished. Consequently, 23 each Plaintiff was damaged in an amount equal to the rental payments due and paid during each 24 leasehold or in an amount to be proven at trial. 25 24. As a direct and proximate result of Defendant's breach, Plaintiffs have suffered 26 and/or continue to suffer illness, physical injury, mental stress, emotional distress, discomfort, 27 annoyance, anxiety, loss of value of his/her leasehold, property damage, loss of use (including but 28 not limited to lack of water, heat, bed bugs, forced stays out of the apartment, etc.), constructive 7 COMPLAINT 1 eviction, and lost income, all to Plaintiffs’ detriment in an amount to be determined at trial, but 2 which amount is within the jurisdictional requirements of this Court. 3 FOURTH CAUSE OF ACTION: NEGLIGENCE 4 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 5 25. Plaintiffs re-allege and incorporate by reference every allegation contained in the 6 preceding paragraphs of this Complaint as though set forth herein. 7 26. As landowners and/or managers of land, Defendant owed a duty of care under 8 common law and Civil Code section 1714 to exercise due care in management of the property to 9 avoid foreseeable injury to others. This due care required Defendant to comply with all building, 10 health, fire and safety codes, ordinances, regulations, and other laws applying to maintenance and 11 operation of residential rental housing. To the extent that Defendant violated ordinances, codes, and 12 other laws, including but not limited to those identified in paragraph 9 above, the violations 13 constitute negligence per se. This obligation of the owner also includes the obligation to properly 14 maintain the apartment building and to timely and competently effectuate repairs or pest 15 eradication when required. Plaintiffs, and each of them, were harmed because of the way that 16 Defendant mis-managed the property that Defendant owned and rented to the Plaintiffs. Defendant 17 was negligent in the use or maintenance of the property. Each Plaintiff rented from the Defendant 18 and was and continues to be harmed by Defendant's negligent conduct. Defendant's conduct is a 19 substantial factor in causing Plaintiffs' harm. 20 27. Defendant breached their common law and statutory duties of due care by failing to 21 institute a regular maintenance process; correct the substandard conditions complained of herein; 22 and failing to supervise their agents and employees who operated and maintained the building. 23 Defendant knew, or reasonably should have known, that Plaintiffs would be injured because of this 24 breach of common law and statutory duties of due care. 25 28. As a direct and proximate result of Defendant's negligent maintenance of the 26 premises, the value of the leasehold held by Plaintiffs, and each of them, is diminished. 27 Consequently, Plaintiffs have been damaged in an amount to be proven at trial. 28 8 COMPLAINT 1 29. As a further direct and proximate result of the conduct of Defendant, Plaintiffs have 2 suffered and continue to suffer illness, physical injury, mental stress, emotional distress, anxiety, 3 annoyance and discomfort, property damage, and lost income, all to Plaintiffs’ damage in an 4 amount to be proven at trial, but within the jurisdictional requirements of this Court. 5 FIFTH CAUSE OF ACTION: VIOLATION OF CIVIL CODE 6 SECTION 1942.4 7 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 8 30. Plaintiffs re-allege and incorporate by reference every allegation contained in the 9 preceding paragraphs of this Complaint as though set forth herein. 10 31. Plaintiffs are informed and believe, and herein allege, that Defendant violated Civil 11 Code section 1942.4 by not correcting conditions cited by government housing enforcement 12 agencies within 35 days of issuance of the citation. There was no good cause for Defendant's delay 13 in making the required repairs. Moreover, the substandard conditions were not caused by any act or 14 omission of the Plaintiffs collectively or individually who continued to pay rent. 15 32. Plaintiffs are informed and believe, and herein allege, that said violations of Civil 16 Code sections 1942.4 occurred during the last four years and are continuing. Plaintiffs as rent 17 paying tenants asserted their rights by complaining of the uninhabitable conditions each were living 18 in, but Defendant failed to timely and adequately make corrections. 19 33. Plaintiffs have been damaged by Defendant's conduct in an amount to be proven at 20 trial. Plaintiff is entitled to the rent abatement in an amount to be proven at trial, and pursuant to 21 Civil Code section 1942.4(b), Plaintiffs are entitled to actual damages and special damages in an 22 amount to be determined at trial. Each Plaintiff has been damaged by Defendant's conduct in an 23 amount equal to rents paid by each Plaintiff during the time Defendant violated Civil Code section 24 1942.4 in an amount to be proven at trial. Finally, pursuant to Civil Code section 1942.4(b), each 25 Plaintiff is entitled to actual damages sustained and special damages in an amount not less than 26 $100.00 nor more than $5,000.00, as well as reasonable attorney’s fees and costs in an amount 27 fixed by the Court. 28 /// 9 COMPLAINT 1 SIXTH CAUSE OF ACTION: PRIVATE NUISANCE 2 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 3 34. Plaintiffs re-allege and incorporate by reference every allegation contained in the 4 preceding paragraphs of this Complaint as though set forth herein. 5 35. The conditions of the Subject Property that the Defendant caused constitute a private 6 nuisance within, but not limited to the meaning of Civil Code §3479 because the defective 7 conditions were injurious to the health and safety of Plaintiffs, indecent and offensive to the 8 Plaintiffs and interfered substantially with their comfortable enjoyment of the Subject Property. 9 36. These conditions constituted substantial and unreasonable interference with the 10 Plaintiffs’ private use and enjoyment of the property. 11 37. As a direct and proximate result of the private nuisance, the Plaintiffs sustained 12 general, special and property damage in amounts to be determined at trial. 13 WHEREFORE, 14 1. For each Cause of Action alleged herein, Plaintiffs pray for: 15 a. All medical specials incurred as the result of the acts of Defendants as alleged 16 herein in an amount to be proven at the time trial; 17 b. Damages, out of pocket costs, and/or loss to personal property in an amount 18 to be proven at the time of trial; 19 c. Loss of earnings and/or earning capacity; 20 d. Emotional distress and mental suffering; 21 e. For general bodily injury damages; 22 2. For pre- and post-judgment interest, pursuant to Civil Code sections 3288 and 3291. 23 3. For reasonable attorney’s fees and costs, including, but not limited to those awarded 24 pursuant to contract and Section 1942.4 of the Civil Code. 25 4. Costs of suit; and 26 /// 27 /// 28 /// 10 COMPLAINT 1 5. For any further relief, the Court deems appropriate and just. 2 3 Dated: September 12, 2023 FRIEDMAN & CHAPMAN 4 5 By: _________________________ 6 CHRISTOFER CHAPMAN JASON B. FRIEDMAN 7 Attorneys for all Plaintiffs Named Herein 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 COMPLAINT 1 DEMAND FOR JURY TRIAL 2 Plaintiffs herein demand a trial by jury as to all claims and causes of action. 3 4 5 Dated: September 12, 2023 FRIEDMAN & CHAPMAN 6 7 By: _________________________ CHRISTOFER CHAPMAN 8 JASON B. FRIEDMAN 9 Attorneys for all Plaintiffs Named Herein 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 COMPLAINT