Burford v Winer

DEMURRER

Calendar: 2

Date: 1/19/18

MP: Defendant, Malcolm Winer

RP: Plaintiff, Mary Burford

RELIEF REQUESTED:

Demurrer to each cause of action

ALLEGATIONS IN COMPLAINT:

The Plaintiff entered into written lease agreements with the Defendants to lease a residential unit from the Defendants. The premises were filthy, contained a water damaged carpet, had dangerous gaps in the floor of the parking garage, unsanitary laundry rooms, structural weaknesses in the ceiling and walls, leaking ceiling and walls, faulty plumbing, broken appliances, unhealthy odors emanating from pipes, mold, bugs, roaches, and inadequate security. The Plaintiff made complaints about the conditions, but they were not repaired. When the Plaintiff reported the condition of the premises to public agencies, the Defendants requested the Plaintiff to leave the premises so they could make repairs. The Plaintiff brought this action to seek damages for the injuries to herself.

CAUSES OF ACTION IN COMPLAINT:

1) Breach of Implied Warranty of Habitability

2) Negligence

3) Constructive Eviction

4) Retaliatory Eviction

5) Nuisance

6) Intentional Infliction of Emotional Distress

7) Negligent Infliction of Emotional Distress

DISCUSSION:

This hearing concerns the demurrer of the Defendant, Malcolm Winer, to each cause of action in the Complaint. Mr. Winer is alleged to be the owner of the premises that was leased to the Plaintiff.

The Defendant’s demurrer is based on his argument that he was not a party to the lease agreements, that he is not the owner of the property, and that there are no allegations iden... ..........................................................