MOTION (Demurrer To) To Strike First Amended Complaint For Actual And Punitive Damages; Deft'S Berkowitz And Grant Bldg. Co., Llc.'S Demurrer To And Motion To Strike Plntf'S First Amended Complaint For Actua

1st cause of action Bad Faith Breach of Oral and Written Agreements: SUSTAIN with leave to amend to clarify elements of contract and breach etc with respect to each landlord.
2nd cause of action Bad Faith Breach of Fiduciary Duty: SUSTAIN without leave to amend.
3rd cause of action Breach of Warranty of "Tenantability" (contract): SUSTAIN without leave to amend doctrine does not apply to commercial leases.
4th cause of action Breach of Warranty of "Tenantability" (tort): SUSTAIN without leave to amend doctrine does not apply to commercial leases.
5th cause of action Negligent Maintenance of Property: SUSTAIN with leave to amend to clarify existence of duty, breach, causation and damages as to each landlord
6th cause of action Willfully Negligent Failure to repair and maintain ele