Defendant Lorena Solano’s demurrer to the first amended complaint (FAC) is sustained without leave to amend for failure to state a cause of action. Defendant’s request for monetary sanctions pursuant to Code of Civil Procedure section 128.5 is denied.
This action arises from a landlord-tenant relationship involving a residential property which was allegedly uninhabitable due to mold contamination. Plaintiffs allege, in part, that the landlord Defendants (“Wright Defendants”) engaged in a “sham” sale of the property to Defendant Solano in order evict Plaintiffs from the residence.
The Wright Defendants previously demurred to the FAC and, as relevant here, the court sustained the demurrer without leave to amend as to the claim for civil conspiracy.
Solano now demurs to the fourth and thirteenth causes of action.[1]
Fourth Cause of Action - Negligent Infliction of Emotional Distress
Plaintiffs concede they made a typographical error in the FAC and mistakenly included Solano in this cause