Background

Plaintiffs Gustavo A. Ruiz and Julie P. Koury (“Plaintiffs”) bring this action against Defendant Jacqueline Pace (“Defendant”) and Does for claims arising from Plaintiffs’ lease of Defendant’s rental property (“Property”) and alleged habitability issues from water leaks.

On February 5, 2020, Plaintiffs filed a Complaint against Defendant for the following causes of action:

(1) Breach of Implied Warranty of Habitability;

(2) Breach of Implied Covenant of Quiet Enjoyment;

(3) Constructive Eviction;

(4) Fraud – Concealment;

(5) Private Nuisance;

(6) Intentional Infliction of Emotional Distress (“IIED”);

(7) Premises Liability;

(8) General Negligence;

(9) Negligence Per Se;

(10) Breach of Oral Contract;

(11) Breach of the Implied Covenant of Good Faith & Fair Dealing; and

(12) Improper Retention of Security Deposit (Civil Code, § 1950.5).

On March 2, 2020, Defendant filed the instant demurrer with motion to strike, and on March 3, 2020 filed the motion for transfe