Nature of Proceedings: Motion for Judgment on the Pleadings of Defendant Janette Van Hirtum

CASE:

Crystal R. Kerrigan, et al. v. David W. Gerrity, et al., Case No. 18CV03649 (Judge Sterne)

HEARING DATE: November 26, 2018

MATTER: Motion for Judgment on the Pleadings

ATTORNEYS:

John B. Richards for Plaintiffs Crystal R. Kerrigan and Madilyn R. Schrader, by and through her Guardian ad Litem Crystal R. Kerrigan

Lacy L. Taylor for Defendants David Gerrity and Janette Van Hirtum

TENTATIVE RULING: The motion for judgment on the pleadings of defendant Janette Van Hirtum is granted as to plaintiffs’ third cause of action for breach of implied warranty of habitability (common law) and fourth cause of action for breach of implied warranty of habitability (statutory). In all other respects, the motion is denied. The request to strike the prayer for attorney’s fees is denied.

BACKGROUND:

In August 2005, plaintiff Crystal R. Kerrigan (“Kerrigan”) began residing in an apartment located a