ROY SILVER, ET AL. VS A.G. PROPERTIES, INC., ET AL.

[TENTATIVE] ORDER RE: DEMURRER TO FIRST AMENDED COMPLAINT

On January 17, 2020, plaintiffs Maria Aguilar and Alberto Uribe, a minor by and through his guardian ad litem, Maria Aguilar (collectively, “Plaintiffs”) filed their first amended complaint (“FAC”) against defendant 152 South Peck LLC (“Defendant”) arising from substandard housing conditions. Defendant demurs to the third, sixth, and seventh causes of action.

A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.)

Retaliation in Violation of Civil Code § 1942.5

Although the third cause of action is captioned as a violation of Civil Code section 1942.5, subdivision (b), it appears that Plaintiffs’ cause of ........