SHELBOURNE VS. PRIME/RIVERSHOR

Case No.: MSC17-01325     Track Rulings In Case

HEARING ON DEMURRER TO 1st Amended COMPLAINT of SHELBOURNE FILED

BY PRIME/RIVERSHORE, LLC., PRIME PROPERTY CAPITAL, INC., PRIME

* TENTATIVE RULING: *

Defendants’ demurrer to causes of action 11, 12 and 14 in the first amended complaint is overruled. Defendants shall file and serve their answer by March 28, 2018.

Plaintiff Diona Shelbourne was a tenant at 1097 Shoreview Court (the Property) from November 2013 until September 2016. Plaintiff is suing Defendants for (1) tortious breach of the implied warranty of habitability, (2) contractual breach of the implied warranty of habitability, (3) breach of contract, Civil Code §3300, et seq., (4) breach of quiet enjoyment, Civil Code §1927, (5) private nuisance, Civil Code §3501, et seq., (6) premises liability, Civil Code §1714, (7) retaliation, Civil Code §1942.5, (8) negligence, (9) constructive eviction, (10) retaliatory eviction, (11) violations of Civil Code §§51, 51.5 and 52........