Demurrer to Certain Causes of Action in Complaint
The Demurrer by Defendants BNZ Diversified Corp. and Fornia Hospitality Group, LLC dba Merced Inn & Suites to the First Cause of Action for Breach of the Implied Warranty of Habitability is OVERRULED.
The sole grounds for demurrer to the First Cause of Action is that California Civil Code § 1941.1 does not apply to transient occupancy in a hotel or motel; however, in addition to alleged violations of California Civil Code § 1941.1, the First Cause of Action expressly alleges violation of California Health and Safety Code § 17920.3 and incorporates by reference allegations in Paragraph 44 that the alleged presence of bed buys violated 25 California Code of Regulations § 40, both of which appear to expressly apply to hotels. Accordingly, the demurrer to the First Cause of Action is OVERRULED.
The Demurrer by Defendants BNZ Diversified Corp. and Fornia Hospitality Group, LLC dba Merced Inn & Suites to the Second Cause of Action for Battery