Plaintiff, Ricardo Martinez filed this action against Defendants, Umesh C. Patel and Nayna Umesh Patel for damages arising out of exposure to bedbugs. Plaintiff alleges he stayed at a motel owned by Defendants for one night on 6/12/18. He alleges he noticed the bed bug problem while staying at the property, complained to managers and agents about the problem, and Defendants did not abate the problem. He alleges he was therefore exposed to painful bedbug infestation and suffered physical and mental anguish as well as ongoing emotional distress. He alleges he is informed and believes that Defendants knew of the bed bug infestation prior to his arrival on the premises.
Plaintiff’s complaint includes causes of action for:
Breach of Implied Warranty of Habitability;
Battery;
Negligence;
Nuisance;
IIED;
NIED;
Breach of Contract;
Breach of Covenant of Quiet Enjoyment.
On 11/03/20, the Court overruled Defendants’ demurrer to the sixth (NIED) cause of action, and otherwise sustained t
Hearing Date
December 01, 2020
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Plaintiff, Ricardo Martinez filed this action against Defendants, Umesh C. Patel and Nayna Umesh Patel for damages arising out of exposure to bedbugs. Plaintiff alleges he stayed at a motel owned by Defendants for one night on 6/12/18. He alleges he noticed the bed bug problem while staying at the property, complained to managers and agents about the problem, and Defendants did not abate the problem. He alleges he was therefore exposed to painful bedbug infestation and suffered physical and mental anguish as well as ongoing emotional distress. He alleges he is informed and believes that Defendants knew of the bed bug infestation prior to his arrival on the premises.
Plaintiff’s complaint includes causes of action for:
Breach of Implied Warranty of Habitability;
Battery;
Negligence;
Nuisance;
IIED;
NIED;
Breach of Contract;
Breach of Covenant of Quiet Enjoyment.
On 11/03/20, the Court overruled Defendants’ demurrer to the sixth (NIED) cause of action, and otherwise sustained t