1-5 of 5 results

MARY F BURFORD VS MALCOLM J WINER ET AL

...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...

...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 Defend...

  • Hearing

    Jan 19, 2018

  • Type

    Other PI/PD/WD (General Jurisdiction)

FRANCES BRIONES VS EDMOND CHAVEZ

...in part, and GRANTED in part. CCP §437c. Opposing Party to give notice. Defendants’ request for judicial notice is GRANTED as to the existence of the documents. Cal. Ev. Code §452. This action for constructive eviction was filed by Plaintiff FRANCES BRIONES on October 24, 2018. The relevant facts, as alleged, are as follows: Defendants are the owners/property managers of a multiple-unit dwelling located at 7314 Whit...

...and/or that a written accounting of charges to the security deposit would be provided during this time.” (Complaint ¶9.) Plaintiff alleges that throughout her tenancy, Plaintiff notified Defendants of: roach infestations, water leaks, a non-functioning air conditioning unit, and a non-functioning stove and gas leak. (Complaint ¶¶10-13.) Plaintiff also alleges that her water was turned off, without notice,...

  • Hearing

    Jan 10, 2019

  • Type

    Other PI/PD/WD (General Jurisdiction)

AGUILERA VS. ALLEN

...1053. Plaintiffs have alleged punitive damages in four causes of action: nuisance; intentional infliction of emotional distress; violations of the mobilehome residency law, Civil Code Sections 798, et seq., and constructive eviction. Exemplary damages are recoverable on these intentional torts. See Sturges v. Charles L. Harney, Inc. (1958) 165 Cal.App.2d 306, 321; Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903, 920-926. Defendan...

...and pavement problems; (6) the open and obvious accumulation of garbage in the Park; (7) increased crime, inadequate security and noise nuisances; (8) vermin infestations, particularly by mice, rats, roaches, flies, mosquitos, spiders, slugs and raccoons and (9) a massive landslide in 2017 (preceded by earlier landslides) which destroyed 7 mobile homes and left those families homeless. (Cmplt, paragraph...

  • Hearing

    May 10, 2018

EDUARDO RODRIGUEZ ET AL VS JESUS LOPEZ JR ET AL

...court disagrees. The FAC alleges that the Subject Property contained dilapidated, dangerous, and materially defective conditions including: (a) absence of operable heating facilities; (b) infestation of roaches, termites, spiders, and rodents; (c) defective and inoperable smoke alarms; (d) exposed electrical wiring; (e) cracks on the kitchen floor; (f) defective and leaking windows that caused damp walls a...

...subject property became particularly inhabitable within the last three years of their tenancies, and they were forced to get rid of personal belongings and furniture because they became infested with roaches. (FAC ¶¶ 24-25.) At this stage of the proceedings, these allegations of Plaintiffs’ distress due to the allegedly dangerous, dilapidated, and materially defective conditions of the Subject Property...

  • Hearing

    Jul 30, 2018

  • Type

    Othr Breach Contr/Warr-not Fraud (General Jurisdiction)

ANDREW KIM VS PLB MANAGEMENT LLC ET AL

...alleges that Kim has been damaged by the alleged breaches because when he complained of the habitability defects, PLB issued a May 26, 2015 letter asking Kim to leave the property, which constituted a constructive eviction. (Complaint ¶ 29.) Kim alleges that if he is evicted, he will lose his rent-controlled apartment, which is $737 below market rent. (Complaint ¶¶ 43–46.) Kim argues that “[PLB’s] failure to make Plain...

...sounds of pipe knocking and hammering); d. Noise (jumping, stomping, slamming of metal entrance doors); e. Noise (parties with loud music to continue into the wee hours of the night); f. Pests (ants and roaches attracted by pet food in hallway and stairwells); g. Improper seals on doors and window frames that resulted in drafts making environmental temperature, air moisture, cigarette and marijuana smoke, ...

  • Hearing

    Oct 5, 2016

  • Type

    Breach Rental/Lease (not UD/Evict) (General Jurisdiction)

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