19STCV15673 CHELSEY A. RILEY vs HOLLYWOOD PLAZA LLC, et al.
DEMURRER AND MOTION TO STRIKE
TENTATIVE RULING: The demurrer is sustained without leave to amend as to the tenth and fifteenth causes of action. The remainder of the demurrer is overruled. The motion to strike portions of the complaint is denied. Defendants are to file an answer to the complaint within 20 days.
Third Cause of Action For Negligent Breach of the Warranty of Habitability, Fourth Cause of Action for Negligent Breach of the Covenant of Quiet Enjoyment, Fifth Cause of Action for Intentional Breach of the Warranty of Habitability and Sixth Cause of Action for Intentional Breach of the Covenant of Quiet Enjoyment
A breach of the warranty of habitability and breach of the covenant of quiet enjoyment can be both support both contract and tort causes of action. (Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903.) The demurrer is overruled.
Tenth Cause of Action for Conspiracy and Fifteenth Cause of Action for Conspira
Hearing Date
September 26, 2019
Type
Wrongful Eviction Case (General Jurisdiction)
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19STCV15673 CHELSEY A. RILEY vs HOLLYWOOD PLAZA LLC, et al.
DEMURRER AND MOTION TO STRIKE
TENTATIVE RULING: The demurrer is sustained without leave to amend as to the tenth and fifteenth causes of action. The remainder of the demurrer is overruled. The motion to strike portions of the complaint is denied. Defendants are to file an answer to the complaint within 20 days.
Third Cause of Action For Negligent Breach of the Warranty of Habitability, Fourth Cause of Action for Negligent Breach of the Covenant of Quiet Enjoyment, Fifth Cause of Action for Intentional Breach of the Warranty of Habitability and Sixth Cause of Action for Intentional Breach of the Covenant of Quiet Enjoyment
A breach of the warranty of habitability and breach of the covenant of quiet enjoyment can be both support both contract and tort causes of action. (Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903.) The demurrer is overruled.
Tenth Cause of Action for Conspiracy and Fifteenth Cause of Action for Conspira