Tentative ruling for March 10, 2020 on Defendant Mount Clef's Demurrer and Motion to Strike
Demurrer
Third cause of action for breach of warranty of habitability (CC 1942.4) The court SUSTAINS, WITH LEAVE TO AMEND, the demurrer to the third cause of action. The complaint does not include allegations that a public officer inspected the subject property, or Plaintiffs' specific unit, and issued citations against Defendant. There are no facts stating that Defendant was notified by a public agency that the subject property was substandard. (See CC 1942.4).
Sixth cause of action for battery
The court SUSTAINS, WITH LEAVE TO AMEND, the demurrer to the sixth cause of action. The element of intent is not supported by the facts alleged in the complaint.
Seventh cause of action for intentional infliction of emotional distress. The court OVERRULES the demurrer to the seventh cause of action.
The facts alleged, at a minimum, support a theory of extreme conduct in reckless disregard of the probabil