Tentative ruling for February 14, 2020 on Defendant Lanatana Associates, LLC's (1) Demurrer to the Third Amended Complaint; and (2) Motion to Strike Portions of the Second Amended Complaint
Defendant Lantana Associates, LLC's Demurrer to the Third Amended Complaint (TAC)
The court sustains the demurrer as to the second cause of action for breach of implied warranty of habitability, without leave to amend, because the TAC still fails to allege the third prong outlined in Quevedo v. Braga (1977) 72 Cal.App. 3d Supp. 1, 7, despite multiple opportunities, i.e., that the effect on habitability was not apparent on reasonable inspection.
The court sustains, without leave to amend, the demurrer to the third cause of action for IIED. The conclusory allegations in the TAC are not supported by sufficient facts relative to any Plaintiff, nor do the allegations support the required severe emotional distress. Further, Plaintiffs fail to allege ratification or authorization by the entity Defendant.
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Hearing Date
February 14, 2020
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Tentative ruling for February 14, 2020 on Defendant Lanatana Associates, LLC's (1) Demurrer to the Third Amended Complaint; and (2) Motion to Strike Portions of the Second Amended Complaint
Defendant Lantana Associates, LLC's Demurrer to the Third Amended Complaint (TAC)
The court sustains the demurrer as to the second cause of action for breach of implied warranty of habitability, without leave to amend, because the TAC still fails to allege the third prong outlined in Quevedo v. Braga (1977) 72 Cal.App. 3d Supp. 1, 7, despite multiple opportunities, i.e., that the effect on habitability was not apparent on reasonable inspection.
The court sustains, without leave to amend, the demurrer to the third cause of action for IIED. The conclusory allegations in the TAC are not supported by sufficient facts relative to any Plaintiff, nor do the allegations support the required severe emotional distress. Further, Plaintiffs fail to allege ratification or authorization by the entity Defendant.
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