HEARING ON DEMURRER TO COMPLAINT

FILED BY G6 HOSPITALITY PROPERTY LLC

* TENTATIVE RULING: *

For the following reasons, the demurrer is sustained, with leave to amend. The amended complaint shall be filed and served by December 9, 2019.

Factual Background

Plaintiff, Deja Martin, alleges that the hotel room she rented at Motel 6 in Pittsburg on March 20-21, 2018 was infested with bedbugs. Her complaint sets forth eight causes of action: (1) Breach of Implied Warranty of Habitability; (2) Battery; (3) Negligence; (4) Nuisance; (5) Intentional Infliction of Emotional Distress; (6) Negligent Infliction of Emotional Distress; (7) Breach of Contract; and (8) Breach of Covenant of Quiet Enjoyment. After meeting and conferring with plaintiff’s counsel, one of the defendants, G6 Hospitality Property, LLC, filed a demurrer to all causes of action except the third on the basis that that the complaint fails to allege facts sufficient to state a claim, and that the breach of contract cause of a