Preview
1 Christofer R. Chapman, Esq. Bar # 153186
2 Jason B. Friedman, Esq. Bar # 216178
Geoffrey A. Bowen, Esq. Bar # 339260
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 geoffrey@fc-lawfirm.com
6
7 Attorneys for all Plaintiffs,
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF LOS ANGELES, CENTRAL DISTRICT
10
JOSE LUIS GALINDO VARGAS, an No.
11 individual; KIMBERLY HERRERA, an
individual; ASHLEY GALINDO, a minor by Judge:
12 and through her Guardian ad Litem, JOSE LUIS
GALINDO VARGAS; KIMBERLY JASMINE Dept.:
13 GALINDO BENITEZ, a minor by and through
her Guardian ad Litem, JOSE LUIS GALINDO COMPLAINT FOR:
14 VARGAS; BRIANNA IRIS GALINDO
BENITEZ, a minor by and through her 1) BREACH OF IMPLIED
15 Guardian ad Litem, JOSE LUIS GALINDO WARRANTY OF HABITABILITY
VARGAS; 2) BREACH OF STATUTORY
16 WARRANTY OF HABITABILITY
Plaintiffs, 3) BREACH OF THE COVENANT OF
17 QUIET ENJOYMENT
v. 4) NEGLIGENCE
18 5) VIOLATION OF CIVIL CODE
MANUEL REGALADO, an individual; and SECTION 1942.4
19 DOES 1 through 50, inclusive; 6) PRIVATE NUISANCE
7) VIOLATION OF UNFAIR
20 Defendants. COMPETITION LAW (BUS. &
PROF. C. §§ 17200-09)
21
DEMAND FOR JURY TRIAL
22
23
24
25 Plaintiffs individually and collectively allege against the Defendant as follows:
26 1. Defendant MANUEL REGALADO, an individual, since on or about July 17, 2013,
27 and to the present, was the owner and manager of an apartment building with APN 6215-009-031
28 located at 8444 San Miguel Avenue, South Gate, CA 90280 herein after “apartment building.”
1
COMPLAINT
1 2. JOSE LUIS GALINDO VARGAS, an individual; KIMBERLY HERRERA, an
2 individual; ASHLEY GALINDO, a minor by and through her Guardian ad Litem, JOSE LUIS
3 GALINDO VARGAS; KIMBERLY JASMINE GALINDO BENITEZ, a minor by and through
4 her Guardian ad Litem, JOSE LUIS GALINDO VARGAS; BRIANNA IRIS GALINDO
5 BENITEZ, a minor by and through her Guardian ad Litem, JOSE LUIS GALINDO VARGAS;
6 hereinafter “Plaintiffs”, are individuals who are now or have been tenants subject to a lease in the
7 apartment building at various relevant times as alleged herein during the last four years. At all
8 times relevant herein, Plaintiffs resided in 8444 ½ San Miguel Avenue, South Gate, CA 90280.
9 Plaintiffs may not have been provided a copy of the written lease agreement. However, the basic
10 terms are that Plaintiffs agreed to pay rent and abide by lawful tenant obligations in exchange for
11 Defendant allowing possession of the unit in the apartment building and abide by lawful landlord
12 obligations. Upon information and belief, the Defendant is in possession of each of the lease
13 agreements.
14 3. Plaintiffs are informed and believe, and on that basis allege that Defendant resides in
15 and does business in the State of California, County of Los Angeles and City of South Gate.
16 Plaintiffs are informed and believe that Defendant is a legal resident of this State. Plaintiffs are
17 informed and believe that Defendant has been the owner and manager of the building, and has
18 exercised real or apparent authority regarding it, and has been legally responsible for maintaining
19 the building in a lawful and habitable condition but failed to do so.
20 4. The true names and capacities of Defendants sued as Does 1 through 50 are
21 unknown to the Plaintiffs, and each of them, at this time. Plaintiffs, and each of them, therefore, sue
22 said Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege the true
23 names and capacities of Does 1 through 50 when ascertained. Nevertheless, Plaintiffs, and each of
24 them, are informed and believe, and based thereon allege, that each of the Doe Defendants, jointly
25 and severally, are in some manner responsible for all or some of the damages alleged herein. Any
26 reference made to the “Landlord” or to the “Defendants” includes Does 1 through 50, inclusive.
27 ///
28 ///
2
COMPLAINT
1 5. Plaintiffs are informed and believe, and thereon alleged, that each Defendant was the
2 employee, agent, servant, partner, trustee, beneficiary, executor, fictitious business name,
3 administrator, member, shareholder, alter ego, and/or joint venturer of each of the remaining
4 Defendants and was acting within the scope of said employment, agency, trust relationship,
5 beneficiary status, service, partnership, membership, fictitious business name, and/or joint venture.
6 Plaintiffs are further informed and believe that each act on the part of each Defendant was
7 substantially ratified by each of the remaining Defendants.
8 FIRST CAUSE OF ACTION: BREACH OF WARRANTY OF HABITABILITY
9 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS)
10 6. Plaintiffs re-allege and incorporate by reference, every allegation contained in the
11 preceding paragraphs of this Complaint as through fully set forth herein.
12 7. By virtue of the landlord/tenant relationship, and/or residential lease contract
13 between Plaintiffs and Defendant, Defendant owed Plaintiffs the duty to comply with building, fire,
14 health and safety codes, ordinances, regulation and other laws and to maintain the premises in a
15 habitable condition.
16 8. Defendant breached this duty and the implied warranty of habitability by failing to
17 correct the substandard conditions, which include but are not limited to, garbage disposal
18 deficiencies; electrical deficiencies; plumbing deficiencies; lack of hot water; water leaks; water
19 damaged ceilings, floors and walls containing mold and mildew; rodent infestations; insect
20 infestations; pest infestations; security and safety deficiencies; storage deficiencies; refuse disposal
21 deficiencies; and loss of use of the premises for various periods of times throughout their
22 ownership.
23 9. Specifically, the deficiencies in the apartment building include, but are not limited to
24 the failure to:
25 a. Maintain the building from cockroaches, flea, mite, bedbug, or other vermin
26 infestation. Seal all cracks and crevices to eliminate cockroach and other vermin
27 harborages as required by Health and Safety Code §17920.3(J) and other
28 applicable laws.
3
COMPLAINT
1 b. Provide and maintain approved screening (16 mesh or smaller) set in tight-fitting
2 frames to all operable windows, and to all other openings in the exterior walls of
3 buildings as required by California Civil Code §1941.1 and other applicable laws.
4 c. Maintain all bathrooms, toilet rooms and their fixtures in good repair and free from
5 corrosion as required by the California Building Standards Codes §§407.1 and
6 407.2.
7 d. Maintain the counters/drain boards for kitchen sinks, bathroom lavatories, and
8 adjacent wall and/or floor surfaces in a manner to prevent water damages, and/or
9 in a clean and sanitary condition and free from dirty or foreign materials. Health
10 and Safety Code § 17920.3(a)(13).
11 e. Maintain all exits, hallways, corridors and stairways with required lighting.
12 f. Provide and maintain required Smoke Detectors as required by the California
13 Building Standards Code §§907.2.3.6.1 and 907.2.3.9.2 and all other applicable
14 laws.
15 g. Replace broken smoke detectors as required by the California Building Standards
16 Code §907.2.3.92 and all other applicable laws.
17 h. Maintain all doors, door frames and cabinet doors in good repair as required by the
18 Health and Safety Code §17920.3(a)(13).
19 i. Maintain all windows and window sashes in good repair as required by California
20 Civil Code §1941.1 and all other applicable laws.
21 j. Maintain all electrical equipment, including the service panel, subpanels, conduits,
22 wiring, switches, outlets, fixtures in good repair Health and Safety
23 Code§17920.33(d) .
24 k. Maintain or install approved hard-wired Smoke Detectors at the required locations
25 California Building Standards Code §907.2.3. c.i.
26 l. Maintain all electrical switches, receptacles and other outlets with protective plates
27 as required by the National Electrical Code 370-15 and other applicable laws.
28
4
COMPLAINT
1 m. Maintain all electrical outlets in bathrooms, and all electrical outlets in kitchens
2 located within 6 feet of sinks, with ground fault interruption protection as required
3 by the National Electrical Code 210-8 and other applicable laws.
4 n. Maintain all plumbing lines and plumbing fixtures free from defects. Correct any
5 loose, leaky, clogged or otherwise faulty toilets, faucets, sinks, showers, bathtubs
6 and plumbing lines as required by the Uniform Plumbing Code, §§302; 801; 907,
7 the California Building Standards Codes §§407.2 and 407.3 and other applicable
8 laws.
9 o. Maintain enamel surfaces on sinks and bathtubs in good repair as required by the
10 Uniform Plumbing Code §901 and other applicable laws.
11 p. Maintain the wall areas adjacent to sinks, showers, and bathtubs in good repair as
12 required by the Health and Safety Code §17920.3.c and all other applicable laws.
13 q. Always provide and maintain the required central or individual room heating
14 appliance in good repair and operable at all times as required by the Health &
15 Safety Code Section 17920.3a.6 and other applicable laws.
16 r. Maintain the required mechanical or natural bathroom ventilation as required by
17 Health & Safety Code Section 17920.3c and other applicable laws.
18 s. Maintain the required appliance venting system in a good and safe condition, and
19 in conformance with applicable laws at the time of insulation as required by
20 Health & Safety Code Section 17920.3.c.
21 10. At all relevant times, up to and including the present, the buildings, and each of
22 them, have not been, and are not habitable or tenantable and, therefore, have a lesser rental value
23 than that which has been demanded. At all relevant times, Plaintiffs nonetheless paid full or partial
24 rent to Defendant, or where legally excused from paying any or a portion of such rent to the
25 Defendant, due to each building’s uninhabitable condition. Plaintiffs notified Defendant of the
26 uninhabitable conditions, or the conditions were obvious to Defendant upon reasonable inspection,
27 but Defendant failed to respond or adequately respond in a reasonable amount of time.
28 ///
5
COMPLAINT
1 11. Defendant knew, or reasonably should have known, that Plaintiffs would suffer
2 damages because of this breach. Plaintiffs have been damaged by Defendant's conduct and are
3 entitled to compensatory damages in an amount to be proven at the time of trial. Defendant was put
4 on notice of the uninhabitable condition by Plaintiffs, Defendant’s employees and agents, and
5 public entities.
6 12. As a direct and proximate result of the Defendant's conduct, Plaintiffs have suffered
7 and will continue to suffer, illness, physical injury, mental stress, emotional distress, discomfort,
8 annoyance, anxiety, loss in the value of his/her leasehold, property damage, out of pocket costs,
9 medical expenses, loss of use, lost income, and loss of earning capacity, all to Plaintiffs’ damage in
10 an amount to be determined at trial, but which amount is within the jurisdictional requirements of
11 the Court.
12 SECOND CAUSE OF ACTION: BREACH OF STATUTORY
13 WARRANTY OF HABITABILITY
14 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS)
15 13. Plaintiffs re-allege and incorporate by reference every allegation contained in the
16 preceding paragraphs of this Complaint, as though fully set forth herein.
17 14. As explained in the more detailed factual allegations set forth in this Complaint, the
18 Defendants have breached the warranty of habitability established by Section 1941 of the Civil
19 Code by failing to ensure that the building is in a condition that meets the requirements of Section
20 1941.1 of the Civil Code and Section 17920.3 of the Health and Safety Code. Examples of these
21 violations, of which Defendants were, or should have been aware, are more fully set forth in
22 paragraph 9 herein and incorporated herein by reference as though fully set forth.
23 15. The Defendant owner of the building was always in control of and responsible for
24 the maintenance of the building. Defendant negligently maintained the apartment building and
25 failed to institute a regular building maintenance review process for the building or otherwise
26 timely effectuate maintenance and repairs to the same.
27 16. The Defendant's repeated breaches of the warranty of habitability reduced the value
28 of all tenancies, caused personal bodily injuries to the inhabitants, and caused Plaintiffs to feel the
6
COMPLAINT
1 natural anxiety that an ordinary person feels under the relatively uniform unhealthy and unsafe
2 conditions.
3 17. The failure of the Defendant to fulfill the statutory obligations described in this
4 Complaint was initially merely negligent, but after repeated notice, both actual and constructive,
5 the Defendant's failure to comply with the relevant habitability statutes can be interpreted as
6 reckless or intentional refusal to comply with obligations imposed by statutes. This refusal to
7 maintain the property is the sort of malicious action that justifies an award of treble damages or
8 other statutory or common law damages.
9 THIRD CAUSE OF ACTION: BREACH OF THE COVENANT
10 OF QUIET ENJOYMENT
11 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS)
12 18. Plaintiffs re-allege and incorporate by reference every allegation contained in the
13 preceding paragraphs of this Complaint, as though set forth in full herein.
14 19. Plaintiffs held a leasehold interest in and have been tenants of the property while the
15 Defendant owned and managed the property.
16 20. Implied in the rental agreement in California, oral and written, is a covenant that the
17 landlord will not interfere with the tenants’ quiet enjoyment of the premises during their tenancy.
18 21. Defendant has a duty to abide by the implied covenant of quiet enjoyment.
19 Defendant breached this duty and the implied covenant by their conduct as described above,
20 including, but not limited to, implement a regular maintenance review and inspection process;
21 failing to repair unsafe, unsanitary, and uninhabitable conditions at the premises; and failing to
22 maintain the premises in a habitable condition.
23 22. Defendant knew, or reasonably should have known, that Plaintiffs would suffer
24 damage because of this breach. Defendant received complaints regarding uninhabitable conditions
25 by Plaintiffs and various governmental agencies, including City agencies. Despite this knowledge
26 they negligently failed to remedy the problems with the property.
27 23. As a direct and proximate result of Defendant's breach of the covenant of quiet
28 enjoyment, the value of the leasehold held by each Plaintiff has been diminished. Consequently,
7
COMPLAINT
1 each Plaintiff was damaged in an amount equal to the rental payments due and paid during each
2 leasehold or in an amount to be proven at trial.
3 24. As a direct and proximate result of Defendant's breach, Plaintiffs have suffered
4 and/or continue to suffer illness, physical injury, mental stress, emotional distress, discomfort,
5 annoyance, anxiety, loss of value of his/her leasehold, property damage, loss of use (including but
6 not limited to lack of water, heat, bed bugs, forced stays out of the apartment, etc.), constructive
7 eviction, and lost income, all to Plaintiffs’ detriment in an amount to be determined at trial, but
8 which amount is within the jurisdictional requirements of this Court.
9 FOURTH CAUSE OF ACTION: NEGLIGENCE
10 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
11 25. Plaintiffs re-allege and incorporate by reference, every allegation contained in the
12 preceding paragraphs of this Complaint as though set forth herein.
13 26. As landowners and/or managers of land, Defendant owed a duty of care under
14 common law and Civil Code section 1714 to exercise due care in management of the property so as
15 to avoid foreseeable injury to others. This due care required Defendant to comply with all building,
16 health, fire and safety codes, ordinances, regulations, and other laws applying to maintenance and
17 operation of residential rental housing. To the extent that Defendant violated ordinances, codes, and
18 other laws, including but not limited to those identified in paragraph 9 above, the violations
19 constitute negligence per se. This obligation of the owner also includes the obligation to properly
20 maintain the apartment building and to timely and competently effectuate repairs or pest
21 eradication when required. Plaintiffs, and each of them, were harmed because of the way that
22 Defendant mis-managed the property that Defendant owned and rented to the Plaintiffs. Defendant
23 was negligent in the use or maintenance of the property. Each Plaintiff rented from the Defendant
24 and was and continues to be harmed by Defendant's negligent conduct. Defendant's conduct is a
25 substantial factor in causing Plaintiffs' harm.
26 27. Defendant breached their common law and statutory duties of due care by failing to
27 institute a regular maintenance process; correct the substandard conditions complained of herein;
28 and failing to supervise their agents and employees who operated and maintained the building.
8
COMPLAINT
1 Defendant knew, or reasonably should have known, that Plaintiffs would be injured because of this
2 breach of common law and statutory duties of due care.
3 28. As a direct and proximate result of Defendant's negligent maintenance of the
4 premises, the value of the leasehold held by Plaintiffs, and each of them, is diminished.
5 Consequently, Plaintiffs have been damaged in an amount to be proven at trial.
6 29. As a further direct and proximate result of the conduct of Defendant, Plaintiffs have
7 suffered and continue to suffer illness, physical injury, mental stress, emotional distress, anxiety,
8 annoyance and discomfort, property damage, and lost income, all to Plaintiffs’ damage in an
9 amount to be proven at trial, but within the jurisdictional requirements of this Court.
10 FIFTH CAUSE OF ACTION: VIOLATION OF CIVIL CODE
11 SECTION 1942.4
12 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS)
13 30. Plaintiffs re-allege and incorporate by reference, every allegation contained in the
14 preceding paragraphs of this Complaint as though set forth herein.
15 31. Plaintiffs are informed and believe, and herein allege, that Defendants violated Civil
16 Code section 1942.4 by demanding rent, collecting rent, issuing a notice of a rent increase and/or
17 issuing a three-day notice to pay rent or quit after not correcting conditions cited by government
18 housing enforcement agencies within 35 days of issuance of the citation, including but not limited
19 to, the following:
20 a. A Notice of Violation for Case No. 230001837 issued by the City of South Gate Code
21 Enforcement Division on October 18, 2023.
22 There was no good cause for Defendant's delay in making the required repairs. Moreover,
23 the substandard conditions were not caused by any act or omission of the Plaintiffs collectively or
24 individually who continued to pay rent.
25 32. Plaintiffs are informed and believe, and herein allege, that said violations of Civil
26 Code sections 1942.4 occurred during the last four years and continuing. Plaintiffs as rent paying
27 tenants asserted their rights by complaining of the uninhabitable conditions each were living in, but
28 Defendant failed to timely and adequately make corrections.
9
COMPLAINT
1 33. Plaintiffs have been damaged by Defendant's conduct in an amount to be proven at
2 trial. Plaintiff is entitled to the rent abatement in an amount to be proven at trial, and pursuant to
3 Civil Code section 1942.4(b), Plaintiffs are entitled to actual damages and special damages in an
4 amount to be determined at trial. Each Plaintiff has been damaged by Defendant's conduct in an
5 amount equal to rents paid by each Plaintiff during the time Defendant violated Civil Code section
6 1942.4 in an amount to be proven at trial. Finally, pursuant to Civil Code section 1942.4(b), each
7 Plaintiff is entitled to actual damages sustained and special damages in an amount not less than
8 $100.00 nor more than $5,000.00, as well as reasonable attorney’s fees and costs in an amount
9 fixed by the Court.
10 SIXTH CAUSE OF ACTION: PRIVATE NUISANCE
11 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS)
12 34. Plaintiffs re-allege and incorporate by reference every allegation contained in the
13 preceding paragraphs of this Complaint as though set forth herein.
14 35. The conditions of the Subject Property that the Defendant caused constitute a private
15 nuisance within, but not limited to the meaning of Civil Code §3479 because the defective
16 conditions were injurious to the health and safety of Plaintiffs, indecent and offensive to the
17 Plaintiffs and interfered substantially with their comfortable enjoyment of the Subject Property.
18 36. These conditions constituted substantial and unreasonable interference with the
19 Plaintiffs’ private use and enjoyment of the property.
20 37. As a direct and proximate result of the private nuisance, the Plaintiffs sustained
21 general, special and property damage in amounts to be determined at trial.
22 SEVENTH CAUSE OF ACTION FOR VIOLATION OF BUSINESS AND
23 PROFESSIONS CODE SECTION 17200
24 (BY ALL ADULT PLAINTIFFS AGAINST ALL DEFENDANTS)
25 38. Plaintiffs re-allege and incorporate by reference every allegation contained in the
26 preceding paragraphs of this Complaint as though set forth herein.
27 39. Business & Professions Code section 17204 allows any person who has suffered an
28 injury in fact to prosecute a civil action for violation of the Unfair Competition Law.
10
COMPLAINT
1
40. At all times herein relevant, Defendants were conducting business under the laws of
2
the State of California, the County of Los Angeles, and the City of South Gate. Defendants were
3
obligated to comply with the laws of the State of California, the County of Los Angeles, and the
4
City of South Gate.
5
41. Plaintiffs are informed and believe and thereon allege that it is the regular practice of
6
Defendants to intentionally disregard the rights of tenants and violate applicable laws relating to
7
tenancies in their buildings in ways that include, but are not limited to, failing to provide quiet
8
enjoyment, failing to abate nuisances, and allowing the defects identified herein to continue to exist
9
in contravention of habitability laws.
10
42. Defendants thereby committed unlawful, unfair, and fraudulent business acts and
11
practices as defined by Business & Professions Code section 17200. By committing the acts and
12
omissions complained of above, Defendants engaged in unfair business practices in that they
13
violate provisions of state and local laws for the management of real property, including but not
14
limited to Civil Code sections 1714, 1940.2, 1941 et seq., 1942.4, 1714, 3479 et seq., Health and
15
Safety Code sections 17910 et seq., and applicable City and County of Los Angeles Building and
16
Housing Codes and Ordinances. Defendants engaged in unfair competition by charging market
17
rents while failing to maintain the rental units in a habitable condition while the competitors of
18
Defendants charged market rents and at the same time expended sums to maintain their rental units
19
in a habitable condition.
20
43. As a direct and proximate result of these acts and omissions, Defendants have
21
received and continue to hold ill-gotten gains belonging to Plaintiffs. As a direct and proximate
22
result of Defendants’ unlawful business practices, Plaintiffs have suffered economic injuries
23
including but not limited to damaged or lost personal property due to insect and vermin infestation,
24
and mold and water damage. Defendants have profited from their unlawful, unfair, and fraudulent
25
acts and practices by receiving full rental compensation without paying Plaintiffs and each of them
26
for the damages each has incurred.
27
///
28
11
COMPLAINT
1
44. The adult Plaintiffs are entitled to restitution pursuant to Business & Professions
2
Code sections 17203 and 17208 for money acquired by Defendants by means of their unfair
3
business practices, in amounts not yet ascertained but to be ascertained at trial, including all rents
4
unlawfully received and retained by Defendants and interest. The adult Plaintiffs are entitled to
5
restitution for personal property lost or damaged due to insect, vermin, or mold infestation as well
6
as water damage to items including but not limited to, furniture, clothing, bedding, appliances, and
7
other property, in an amount to be determined at the time of trial.
8
45. Plaintiffs’ success in this action will enforce important rights affecting the public
9
interest. Plaintiffs sue on behalf of the public as well as on behalf of themselves. Plaintiffs seek and
10
are entitled to reimbursement of unpaid compensation, restitution, declaratory relief, and any other
11
appropriate remedy.
12
///
13
///
14
///
15
///
16
///
17
///
18
///
19
///
20
///
21
///
22
///
23
///
24
///
25
///
26
///
27
///
28
12
COMPLAINT
1 PRAYER FOR RELIEF
2 WHEREFORE,
3 1. For each Cause of Action alleged herein, Plaintiffs pray for:
4 a. All medical specials incurred as the result of the acts of Defendants as alleged
5 herein in an amount to be proven at the time trial;
6 b. Damages, out of pocket costs, and/or loss to personal property in an amount
7 to be proven at the time of trial;
8 c. Loss of earnings and/or earning capacity;
9 d. Emotional distress and mental suffering;
10 e. For general bodily injury damages;
11 2. For pre- and post-judgment interest, pursuant to Civil Code sections 3288 and 3291.
12 3. For reasonable attorney’s fees and costs, including, but not limited to those awarded
13 pursuant to contract and Section 1942.4 and 1942.5 of the Civil Code.
14 4. For restitution pursuant to Business & Professions Code Section 17200 et. seq.;
15 5. Costs of suit; and
16 6. For any further relief, the Court deems appropriate and just.
17
18
19 Dated: April 10, 2024 FRIEDMAN & CHAPMAN
20
21 By: _________________________
22 CHRISTOFER CHAPMAN
JASON B. FRIEDMAN
23 GEOFFREY A. BOWEN
Attorneys for all Plaintiffs Named
24
Herein
25
26
27
28
13
COMPLAINT
1 DEMAND FOR JURY TRIAL
2
Plaintiffs herein demand a trial by jury as to all claims and causes of action.
3
4 Dated: April 10, 2024 FRIEDMAN & CHAPMAN
5
By: _________________________
6
CHRISTOFER CHAPMAN
7 JASON B. FRIEDMAN
GEOFFREY A. BOWEN
8 Attorneys for all Plaintiffs Named
9 Herein
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
14
COMPLAINT
Preview
1 Christofer R. Chapman, Esq. Bar # 153186 2 Jason B. Friedman, Esq. Bar # 216178 Geoffrey A. Bowen, Esq. Bar # 339260 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 geoffrey@fc-lawfirm.com 6 7 Attorneys for all Plaintiffs, 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 10 JOSE LUIS GALINDO VARGAS, an No. 11 individual; KIMBERLY HERRERA, an individual; ASHLEY GALINDO, a minor by Judge: 12 and through her Guardian ad Litem, JOSE LUIS GALINDO VARGAS; KIMBERLY JASMINE Dept.: 13 GALINDO BENITEZ, a minor by and through her Guardian ad Litem, JOSE LUIS GALINDO COMPLAINT FOR: 14 VARGAS; BRIANNA IRIS GALINDO BENITEZ, a minor by and through her 1) BREACH OF IMPLIED 15 Guardian ad Litem, JOSE LUIS GALINDO WARRANTY OF HABITABILITY VARGAS; 2) BREACH OF STATUTORY 16 WARRANTY OF HABITABILITY Plaintiffs, 3) BREACH OF THE COVENANT OF 17 QUIET ENJOYMENT v. 4) NEGLIGENCE 18 5) VIOLATION OF CIVIL CODE MANUEL REGALADO, an individual; and SECTION 1942.4 19 DOES 1 through 50, inclusive; 6) PRIVATE NUISANCE 7) VIOLATION OF UNFAIR 20 Defendants. COMPETITION LAW (BUS. & PROF. C. §§ 17200-09) 21 DEMAND FOR JURY TRIAL 22 23 24 25 Plaintiffs individually and collectively allege against the Defendant as follows: 26 1. Defendant MANUEL REGALADO, an individual, since on or about July 17, 2013, 27 and to the present, was the owner and manager of an apartment building with APN 6215-009-031 28 located at 8444 San Miguel Avenue, South Gate, CA 90280 herein after “apartment building.” 1 COMPLAINT 1 2. JOSE LUIS GALINDO VARGAS, an individual; KIMBERLY HERRERA, an 2 individual; ASHLEY GALINDO, a minor by and through her Guardian ad Litem, JOSE LUIS 3 GALINDO VARGAS; KIMBERLY JASMINE GALINDO BENITEZ, a minor by and through 4 her Guardian ad Litem, JOSE LUIS GALINDO VARGAS; BRIANNA IRIS GALINDO 5 BENITEZ, a minor by and through her Guardian ad Litem, JOSE LUIS GALINDO VARGAS; 6 hereinafter “Plaintiffs”, are individuals who are now or have been tenants subject to a lease in the 7 apartment building at various relevant times as alleged herein during the last four years. At all 8 times relevant herein, Plaintiffs resided in 8444 ½ San Miguel Avenue, South Gate, CA 90280. 9 Plaintiffs may not have been provided a copy of the written lease agreement. However, the basic 10 terms are that Plaintiffs agreed to pay rent and abide by lawful tenant obligations in exchange for 11 Defendant allowing possession of the unit in the apartment building and abide by lawful landlord 12 obligations. Upon information and belief, the Defendant is in possession of each of the lease 13 agreements. 14 3. Plaintiffs are informed and believe, and on that basis allege that Defendant resides in 15 and does business in the State of California, County of Los Angeles and City of South Gate. 16 Plaintiffs are informed and believe that Defendant is a legal resident of this State. Plaintiffs are 17 informed and believe that Defendant has been the owner and manager of the building, and has 18 exercised real or apparent authority regarding it, and has been legally responsible for maintaining 19 the building in a lawful and habitable condition but failed to do so. 20 4. The true names and capacities of Defendants sued as Does 1 through 50 are 21 unknown to the Plaintiffs, and each of them, at this time. Plaintiffs, and each of them, therefore, sue 22 said Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege the true 23 names and capacities of Does 1 through 50 when ascertained. Nevertheless, Plaintiffs, and each of 24 them, are informed and believe, and based thereon allege, that each of the Doe Defendants, jointly 25 and severally, are in some manner responsible for all or some of the damages alleged herein. Any 26 reference made to the “Landlord” or to the “Defendants” includes Does 1 through 50, inclusive. 27 /// 28 /// 2 COMPLAINT 1 5. Plaintiffs are informed and believe, and thereon alleged, that each Defendant was the 2 employee, agent, servant, partner, trustee, beneficiary, executor, fictitious business name, 3 administrator, member, shareholder, alter ego, and/or joint venturer of each of the remaining 4 Defendants and was acting within the scope of said employment, agency, trust relationship, 5 beneficiary status, service, partnership, membership, fictitious business name, and/or joint venture. 6 Plaintiffs are further informed and believe that each act on the part of each Defendant was 7 substantially ratified by each of the remaining Defendants. 8 FIRST CAUSE OF ACTION: BREACH OF WARRANTY OF HABITABILITY 9 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS) 10 6. Plaintiffs re-allege and incorporate by reference, every allegation contained in the 11 preceding paragraphs of this Complaint as through fully set forth herein. 12 7. By virtue of the landlord/tenant relationship, and/or residential lease contract 13 between Plaintiffs and Defendant, Defendant owed Plaintiffs the duty to comply with building, fire, 14 health and safety codes, ordinances, regulation and other laws and to maintain the premises in a 15 habitable condition. 16 8. Defendant breached this duty and the implied warranty of habitability by failing to 17 correct the substandard conditions, which include but are not limited to, garbage disposal 18 deficiencies; electrical deficiencies; plumbing deficiencies; lack of hot water; water leaks; water 19 damaged ceilings, floors and walls containing mold and mildew; rodent infestations; insect 20 infestations; pest infestations; security and safety deficiencies; storage deficiencies; refuse disposal 21 deficiencies; and loss of use of the premises for various periods of times throughout their 22 ownership. 23 9. Specifically, the deficiencies in the apartment building include, but are not limited to 24 the failure to: 25 a. Maintain the building from cockroaches, flea, mite, bedbug, or other vermin 26 infestation. Seal all cracks and crevices to eliminate cockroach and other vermin 27 harborages as required by Health and Safety Code §17920.3(J) and other 28 applicable laws. 3 COMPLAINT 1 b. Provide and maintain approved screening (16 mesh or smaller) set in tight-fitting 2 frames to all operable windows, and to all other openings in the exterior walls of 3 buildings as required by California Civil Code §1941.1 and other applicable laws. 4 c. Maintain all bathrooms, toilet rooms and their fixtures in good repair and free from 5 corrosion as required by the California Building Standards Codes §§407.1 and 6 407.2. 7 d. Maintain the counters/drain boards for kitchen sinks, bathroom lavatories, and 8 adjacent wall and/or floor surfaces in a manner to prevent water damages, and/or 9 in a clean and sanitary condition and free from dirty or foreign materials. Health 10 and Safety Code § 17920.3(a)(13). 11 e. Maintain all exits, hallways, corridors and stairways with required lighting. 12 f. Provide and maintain required Smoke Detectors as required by the California 13 Building Standards Code §§907.2.3.6.1 and 907.2.3.9.2 and all other applicable 14 laws. 15 g. Replace broken smoke detectors as required by the California Building Standards 16 Code §907.2.3.92 and all other applicable laws. 17 h. Maintain all doors, door frames and cabinet doors in good repair as required by the 18 Health and Safety Code §17920.3(a)(13). 19 i. Maintain all windows and window sashes in good repair as required by California 20 Civil Code §1941.1 and all other applicable laws. 21 j. Maintain all electrical equipment, including the service panel, subpanels, conduits, 22 wiring, switches, outlets, fixtures in good repair Health and Safety 23 Code§17920.33(d) . 24 k. Maintain or install approved hard-wired Smoke Detectors at the required locations 25 California Building Standards Code §907.2.3. c.i. 26 l. Maintain all electrical switches, receptacles and other outlets with protective plates 27 as required by the National Electrical Code 370-15 and other applicable laws. 28 4 COMPLAINT 1 m. Maintain all electrical outlets in bathrooms, and all electrical outlets in kitchens 2 located within 6 feet of sinks, with ground fault interruption protection as required 3 by the National Electrical Code 210-8 and other applicable laws. 4 n. Maintain all plumbing lines and plumbing fixtures free from defects. Correct any 5 loose, leaky, clogged or otherwise faulty toilets, faucets, sinks, showers, bathtubs 6 and plumbing lines as required by the Uniform Plumbing Code, §§302; 801; 907, 7 the California Building Standards Codes §§407.2 and 407.3 and other applicable 8 laws. 9 o. Maintain enamel surfaces on sinks and bathtubs in good repair as required by the 10 Uniform Plumbing Code §901 and other applicable laws. 11 p. Maintain the wall areas adjacent to sinks, showers, and bathtubs in good repair as 12 required by the Health and Safety Code §17920.3.c and all other applicable laws. 13 q. Always provide and maintain the required central or individual room heating 14 appliance in good repair and operable at all times as required by the Health & 15 Safety Code Section 17920.3a.6 and other applicable laws. 16 r. Maintain the required mechanical or natural bathroom ventilation as required by 17 Health & Safety Code Section 17920.3c and other applicable laws. 18 s. Maintain the required appliance venting system in a good and safe condition, and 19 in conformance with applicable laws at the time of insulation as required by 20 Health & Safety Code Section 17920.3.c. 21 10. At all relevant times, up to and including the present, the buildings, and each of 22 them, have not been, and are not habitable or tenantable and, therefore, have a lesser rental value 23 than that which has been demanded. At all relevant times, Plaintiffs nonetheless paid full or partial 24 rent to Defendant, or where legally excused from paying any or a portion of such rent to the 25 Defendant, due to each building’s uninhabitable condition. Plaintiffs notified Defendant of the 26 uninhabitable conditions, or the conditions were obvious to Defendant upon reasonable inspection, 27 but Defendant failed to respond or adequately respond in a reasonable amount of time. 28 /// 5 COMPLAINT 1 11. Defendant knew, or reasonably should have known, that Plaintiffs would suffer 2 damages because of this breach. Plaintiffs have been damaged by Defendant's conduct and are 3 entitled to compensatory damages in an amount to be proven at the time of trial. Defendant was put 4 on notice of the uninhabitable condition by Plaintiffs, Defendant’s employees and agents, and 5 public entities. 6 12. As a direct and proximate result of the Defendant's conduct, Plaintiffs have suffered 7 and will continue to suffer, illness, physical injury, mental stress, emotional distress, discomfort, 8 annoyance, anxiety, loss in the value of his/her leasehold, property damage, out of pocket costs, 9 medical expenses, loss of use, lost income, and loss of earning capacity, all to Plaintiffs’ damage in 10 an amount to be determined at trial, but which amount is within the jurisdictional requirements of 11 the Court. 12 SECOND CAUSE OF ACTION: BREACH OF STATUTORY 13 WARRANTY OF HABITABILITY 14 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS) 15 13. Plaintiffs re-allege and incorporate by reference every allegation contained in the 16 preceding paragraphs of this Complaint, as though fully set forth herein. 17 14. As explained in the more detailed factual allegations set forth in this Complaint, the 18 Defendants have breached the warranty of habitability established by Section 1941 of the Civil 19 Code by failing to ensure that the building is in a condition that meets the requirements of Section 20 1941.1 of the Civil Code and Section 17920.3 of the Health and Safety Code. Examples of these 21 violations, of which Defendants were, or should have been aware, are more fully set forth in 22 paragraph 9 herein and incorporated herein by reference as though fully set forth. 23 15. The Defendant owner of the building was always in control of and responsible for 24 the maintenance of the building. Defendant negligently maintained the apartment building and 25 failed to institute a regular building maintenance review process for the building or otherwise 26 timely effectuate maintenance and repairs to the same. 27 16. The Defendant's repeated breaches of the warranty of habitability reduced the value 28 of all tenancies, caused personal bodily injuries to the inhabitants, and caused Plaintiffs to feel the 6 COMPLAINT 1 natural anxiety that an ordinary person feels under the relatively uniform unhealthy and unsafe 2 conditions. 3 17. The failure of the Defendant to fulfill the statutory obligations described in this 4 Complaint was initially merely negligent, but after repeated notice, both actual and constructive, 5 the Defendant's failure to comply with the relevant habitability statutes can be interpreted as 6 reckless or intentional refusal to comply with obligations imposed by statutes. This refusal to 7 maintain the property is the sort of malicious action that justifies an award of treble damages or 8 other statutory or common law damages. 9 THIRD CAUSE OF ACTION: BREACH OF THE COVENANT 10 OF QUIET ENJOYMENT 11 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS) 12 18. Plaintiffs re-allege and incorporate by reference every allegation contained in the 13 preceding paragraphs of this Complaint, as though set forth in full herein. 14 19. Plaintiffs held a leasehold interest in and have been tenants of the property while the 15 Defendant owned and managed the property. 16 20. Implied in the rental agreement in California, oral and written, is a covenant that the 17 landlord will not interfere with the tenants’ quiet enjoyment of the premises during their tenancy. 18 21. Defendant has a duty to abide by the implied covenant of quiet enjoyment. 19 Defendant breached this duty and the implied covenant by their conduct as described above, 20 including, but not limited to, implement a regular maintenance review and inspection process; 21 failing to repair unsafe, unsanitary, and uninhabitable conditions at the premises; and failing to 22 maintain the premises in a habitable condition. 23 22. Defendant knew, or reasonably should have known, that Plaintiffs would suffer 24 damage because of this breach. Defendant received complaints regarding uninhabitable conditions 25 by Plaintiffs and various governmental agencies, including City agencies. Despite this knowledge 26 they negligently failed to remedy the problems with the property. 27 23. As a direct and proximate result of Defendant's breach of the covenant of quiet 28 enjoyment, the value of the leasehold held by each Plaintiff has been diminished. Consequently, 7 COMPLAINT 1 each Plaintiff was damaged in an amount equal to the rental payments due and paid during each 2 leasehold or in an amount to be proven at trial. 3 24. As a direct and proximate result of Defendant's breach, Plaintiffs have suffered 4 and/or continue to suffer illness, physical injury, mental stress, emotional distress, discomfort, 5 annoyance, anxiety, loss of value of his/her leasehold, property damage, loss of use (including but 6 not limited to lack of water, heat, bed bugs, forced stays out of the apartment, etc.), constructive 7 eviction, and lost income, all to Plaintiffs’ detriment in an amount to be determined at trial, but 8 which amount is within the jurisdictional requirements of this Court. 9 FOURTH CAUSE OF ACTION: NEGLIGENCE 10 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 11 25. Plaintiffs re-allege and incorporate by reference, every allegation contained in the 12 preceding paragraphs of this Complaint as though set forth herein. 13 26. As landowners and/or managers of land, Defendant owed a duty of care under 14 common law and Civil Code section 1714 to exercise due care in management of the property so as 15 to avoid foreseeable injury to others. This due care required Defendant to comply with all building, 16 health, fire and safety codes, ordinances, regulations, and other laws applying to maintenance and 17 operation of residential rental housing. To the extent that Defendant violated ordinances, codes, and 18 other laws, including but not limited to those identified in paragraph 9 above, the violations 19 constitute negligence per se. This obligation of the owner also includes the obligation to properly 20 maintain the apartment building and to timely and competently effectuate repairs or pest 21 eradication when required. Plaintiffs, and each of them, were harmed because of the way that 22 Defendant mis-managed the property that Defendant owned and rented to the Plaintiffs. Defendant 23 was negligent in the use or maintenance of the property. Each Plaintiff rented from the Defendant 24 and was and continues to be harmed by Defendant's negligent conduct. Defendant's conduct is a 25 substantial factor in causing Plaintiffs' harm. 26 27. Defendant breached their common law and statutory duties of due care by failing to 27 institute a regular maintenance process; correct the substandard conditions complained of herein; 28 and failing to supervise their agents and employees who operated and maintained the building. 8 COMPLAINT 1 Defendant knew, or reasonably should have known, that Plaintiffs would be injured because of this 2 breach of common law and statutory duties of due care. 3 28. As a direct and proximate result of Defendant's negligent maintenance of the 4 premises, the value of the leasehold held by Plaintiffs, and each of them, is diminished. 5 Consequently, Plaintiffs have been damaged in an amount to be proven at trial. 6 29. As a further direct and proximate result of the conduct of Defendant, Plaintiffs have 7 suffered and continue to suffer illness, physical injury, mental stress, emotional distress, anxiety, 8 annoyance and discomfort, property damage, and lost income, all to Plaintiffs’ damage in an 9 amount to be proven at trial, but within the jurisdictional requirements of this Court. 10 FIFTH CAUSE OF ACTION: VIOLATION OF CIVIL CODE 11 SECTION 1942.4 12 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS) 13 30. Plaintiffs re-allege and incorporate by reference, every allegation contained in the 14 preceding paragraphs of this Complaint as though set forth herein. 15 31. Plaintiffs are informed and believe, and herein allege, that Defendants violated Civil 16 Code section 1942.4 by demanding rent, collecting rent, issuing a notice of a rent increase and/or 17 issuing a three-day notice to pay rent or quit after not correcting conditions cited by government 18 housing enforcement agencies within 35 days of issuance of the citation, including but not limited 19 to, the following: 20 a. A Notice of Violation for Case No. 230001837 issued by the City of South Gate Code 21 Enforcement Division on October 18, 2023. 22 There was no good cause for Defendant's delay in making the required repairs. Moreover, 23 the substandard conditions were not caused by any act or omission of the Plaintiffs collectively or 24 individually who continued to pay rent. 25 32. Plaintiffs are informed and believe, and herein allege, that said violations of Civil 26 Code sections 1942.4 occurred during the last four years and continuing. Plaintiffs as rent paying 27 tenants asserted their rights by complaining of the uninhabitable conditions each were living in, but 28 Defendant failed to timely and adequately make corrections. 9 COMPLAINT 1 33. Plaintiffs have been damaged by Defendant's conduct in an amount to be proven at 2 trial. Plaintiff is entitled to the rent abatement in an amount to be proven at trial, and pursuant to 3 Civil Code section 1942.4(b), Plaintiffs are entitled to actual damages and special damages in an 4 amount to be determined at trial. Each Plaintiff has been damaged by Defendant's conduct in an 5 amount equal to rents paid by each Plaintiff during the time Defendant violated Civil Code section 6 1942.4 in an amount to be proven at trial. Finally, pursuant to Civil Code section 1942.4(b), each 7 Plaintiff is entitled to actual damages sustained and special damages in an amount not less than 8 $100.00 nor more than $5,000.00, as well as reasonable attorney’s fees and costs in an amount 9 fixed by the Court. 10 SIXTH CAUSE OF ACTION: PRIVATE NUISANCE 11 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS) 12 34. Plaintiffs re-allege and incorporate by reference every allegation contained in the 13 preceding paragraphs of this Complaint as though set forth herein. 14 35. The conditions of the Subject Property that the Defendant caused constitute a private 15 nuisance within, but not limited to the meaning of Civil Code §3479 because the defective 16 conditions were injurious to the health and safety of Plaintiffs, indecent and offensive to the 17 Plaintiffs and interfered substantially with their comfortable enjoyment of the Subject Property. 18 36. These conditions constituted substantial and unreasonable interference with the 19 Plaintiffs’ private use and enjoyment of the property. 20 37. As a direct and proximate result of the private nuisance, the Plaintiffs sustained 21 general, special and property damage in amounts to be determined at trial. 22 SEVENTH CAUSE OF ACTION FOR VIOLATION OF BUSINESS AND 23 PROFESSIONS CODE SECTION 17200 24 (BY ALL ADULT PLAINTIFFS AGAINST ALL DEFENDANTS) 25 38. Plaintiffs re-allege and incorporate by reference every allegation contained in the 26 preceding paragraphs of this Complaint as though set forth herein. 27 39. Business & Professions Code section 17204 allows any person who has suffered an 28 injury in fact to prosecute a civil action for violation of the Unfair Competition Law. 10 COMPLAINT 1 40. At all times herein relevant, Defendants were conducting business under the laws of 2 the State of California, the County of Los Angeles, and the City of South Gate. Defendants were 3 obligated to comply with the laws of the State of California, the County of Los Angeles, and the 4 City of South Gate. 5 41. Plaintiffs are informed and believe and thereon allege that it is the regular practice of 6 Defendants to intentionally disregard the rights of tenants and violate applicable laws relating to 7 tenancies in their buildings in ways that include, but are not limited to, failing to provide quiet 8 enjoyment, failing to abate nuisances, and allowing the defects identified herein to continue to exist 9 in contravention of habitability laws. 10 42. Defendants thereby committed unlawful, unfair, and fraudulent business acts and 11 practices as defined by Business & Professions Code section 17200. By committing the acts and 12 omissions complained of above, Defendants engaged in unfair business practices in that they 13 violate provisions of state and local laws for the management of real property, including but not 14 limited to Civil Code sections 1714, 1940.2, 1941 et seq., 1942.4, 1714, 3479 et seq., Health and 15 Safety Code sections 17910 et seq., and applicable City and County of Los Angeles Building and 16 Housing Codes and Ordinances. Defendants engaged in unfair competition by charging market 17 rents while failing to maintain the rental units in a habitable condition while the competitors of 18 Defendants charged market rents and at the same time expended sums to maintain their rental units 19 in a habitable condition. 20 43. As a direct and proximate result of these acts and omissions, Defendants have 21 received and continue to hold ill-gotten gains belonging to Plaintiffs. As a direct and proximate 22 result of Defendants’ unlawful business practices, Plaintiffs have suffered economic injuries 23 including but not limited to damaged or lost personal property due to insect and vermin infestation, 24 and mold and water damage. Defendants have profited from their unlawful, unfair, and fraudulent 25 acts and practices by receiving full rental compensation without paying Plaintiffs and each of them 26 for the damages each has incurred. 27 /// 28 11 COMPLAINT 1 44. The adult Plaintiffs are entitled to restitution pursuant to Business & Professions 2 Code sections 17203 and 17208 for money acquired by Defendants by means of their unfair 3 business practices, in amounts not yet ascertained but to be ascertained at trial, including all rents 4 unlawfully received and retained by Defendants and interest. The adult Plaintiffs are entitled to 5 restitution for personal property lost or damaged due to insect, vermin, or mold infestation as well 6 as water damage to items including but not limited to, furniture, clothing, bedding, appliances, and 7 other property, in an amount to be determined at the time of trial. 8 45. Plaintiffs’ success in this action will enforce important rights affecting the public 9 interest. Plaintiffs sue on behalf of the public as well as on behalf of themselves. Plaintiffs seek and 10 are entitled to reimbursement of unpaid compensation, restitution, declaratory relief, and any other 11 appropriate remedy. 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 12 COMPLAINT 1 PRAYER FOR RELIEF 2 WHEREFORE, 3 1. For each Cause of Action alleged herein, Plaintiffs pray for: 4 a. All medical specials incurred as the result of the acts of Defendants as alleged 5 herein in an amount to be proven at the time trial; 6 b. Damages, out of pocket costs, and/or loss to personal property in an amount 7 to be proven at the time of trial; 8 c. Loss of earnings and/or earning capacity; 9 d. Emotional distress and mental suffering; 10 e. For general bodily injury damages; 11 2. For pre- and post-judgment interest, pursuant to Civil Code sections 3288 and 3291. 12 3. For reasonable attorney’s fees and costs, including, but not limited to those awarded 13 pursuant to contract and Section 1942.4 and 1942.5 of the Civil Code. 14 4. For restitution pursuant to Business & Professions Code Section 17200 et. seq.; 15 5. Costs of suit; and 16 6. For any further relief, the Court deems appropriate and just. 17 18 19 Dated: April 10, 2024 FRIEDMAN & CHAPMAN 20 21 By: _________________________ 22 CHRISTOFER CHAPMAN JASON B. FRIEDMAN 23 GEOFFREY A. BOWEN Attorneys for all Plaintiffs Named 24 Herein 25 26 27 28 13 COMPLAINT 1 DEMAND FOR JURY TRIAL 2 Plaintiffs herein demand a trial by jury as to all claims and causes of action. 3 4 Dated: April 10, 2024 FRIEDMAN & CHAPMAN 5 By: _________________________ 6 CHRISTOFER CHAPMAN 7 JASON B. FRIEDMAN GEOFFREY A. BOWEN 8 Attorneys for all Plaintiffs Named 9 Herein 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 COMPLAINT