Overrule Defendant Ralph Norton's general demurrer to the fourth cause of action for intentional infliction of emotional distress in Plaintiff Cheryl Land's 1st Amended Complaint, on the ground that Plaintiff's allegations that Defendants willfully failed to cure unsafe and uninhabitable conditions on the Premises for a lengthy period after having been given notice of the same (see 1st Amended Complaint, ¶¶162, 163) indicates conduct that is sufficiently extreme and outrageous that the Court cannot say as a matter of law that it does not exceed the bounds of conduct usually tolerated in a civilized community. (See, e.g., Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1069.)
Sustain, without leave to amend, Defendant's general demurrer to the fifth cause of action for negligent infliction of emotion distress, on the ground that, in the absence of allegations showing a special relationship between Plaintiff and Defendant, this cause of action adds nothing to Plaintiff's first and
Hearing Date
January 04, 2013
Category
Civil - Unlimited
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Overrule Defendant Ralph Norton's general demurrer to the fourth cause of action for intentional infliction of emotional distress in Plaintiff Cheryl Land's 1st Amended Complaint, on the ground that Plaintiff's allegations that Defendants willfully failed to cure unsafe and uninhabitable conditions on the Premises for a lengthy period after having been given notice of the same (see 1st Amended Complaint, ¶¶162, 163) indicates conduct that is sufficiently extreme and outrageous that the Court cannot say as a matter of law that it does not exceed the bounds of conduct usually tolerated in a civilized community. (See, e.g., Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1069.)
Sustain, without leave to amend, Defendant's general demurrer to the fifth cause of action for negligent infliction of emotion distress, on the ground that, in the absence of allegations showing a special relationship between Plaintiff and Defendant, this cause of action adds nothing to Plaintiff's first and