8 COUNTY OF SANTA CLARA
11 LOWRI MCGILL, and a class of similarly situated others, 12 TENTATIVE RULING RE: Plaintiff, DEMURRER TO SECOND AMENDED 13 CLASS ACTION COMPLAINT; vs. MOTION TO STRIKE PORTIONS OF 14 SECOND AMENDED CLASS ACTION ON-SITE aka ON-SITE MANAGER, INC.; COMPLAINT
15 VINTAGE HOUSING; KENNEDY WILSON;
FPI MANAGEMENT, INC.; and DOES 1-50,
21 I. INTRODUCTION
22 This is a putative class action. According to the allegations of the Second Amended 23 Class Action Complaint for Damages and/or Declaratory Judgment and/or Injunctive Relief 24 (“SAC”), filed on May 12, 2020, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at 25 a residential rental property known as Vine by Vintage. (SAC, ¶ 1.) Plaintiff alleges that she 26 lives in a street-level apartment with her husband and two young children. (Id. at ¶ 7.) Plaintiff 27 and her family have been subject to disturbances from the upstairs neighbor, including food 28 debris, trash, cigarette butts, and other ite
Hearing Date
September 23, 2020
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8 COUNTY OF SANTA CLARA
11 LOWRI MCGILL, and a class of similarly situated others, 12 TENTATIVE RULING RE: Plaintiff, DEMURRER TO SECOND AMENDED 13 CLASS ACTION COMPLAINT; vs. MOTION TO STRIKE PORTIONS OF 14 SECOND AMENDED CLASS ACTION ON-SITE aka ON-SITE MANAGER, INC.; COMPLAINT
15 VINTAGE HOUSING; KENNEDY WILSON;
FPI MANAGEMENT, INC.; and DOES 1-50,
21 I. INTRODUCTION
22 This is a putative class action. According to the allegations of the Second Amended 23 Class Action Complaint for Damages and/or Declaratory Judgment and/or Injunctive Relief 24 (“SAC”), filed on May 12, 2020, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at 25 a residential rental property known as Vine by Vintage. (SAC, ¶ 1.) Plaintiff alleges that she 26 lives in a street-level apartment with her husband and two young children. (Id. at ¶ 7.) Plaintiff 27 and her family have been subject to disturbances from the upstairs neighbor, including food 28 debris, trash, cigarette butts, and other ite