Judge: Douglas W. Stern, Case: 21STCV30565, Date: 2023-10-19 Tentative Ruling

Case Number: 21STCV30565    Hearing Date: October 19, 2023    Dept: 68

ERIC MCDOWELL vs JOANNE C WARREN, et al.

Demurrer and Motion to Strike

Defendants have filed a Demurrer to the “Ninth Cause of Action-Wrongful Eviction” in the Plaintiff’s Fourth Amended Complaint.    The Fourth Amended Complaint lists only seven causes of action.  The Court shall construe the Demurrer as attacking the Seventh Cause of Action.

This case is substantially identical to CHARLES CROSIER vs INGLEWOOD PROPERTIES II LLC, et al., case no. 21STCV35155 and both the Fourth Amended Complaint in Crosier and the Demurrer in that case are virtually identical.  The Court shall not repeat the discussion that appears in the tentative ruling in Crosier, but adopts it in this case.  The Demurrer to the Seventh Cause of Action for Wrongful Eviction is OVERRULED for the reasons set forth in the ruling in Crosier.

In the Motion to Strike Defendants ask that Court strike the claims for punitive damages appearing in paragraphs 48-49 (breach of the covenant of quiet enjoyment), 60-61 (breach of the statutory warranty of habitability), 69-70 (nuisance), 74 (violation of Inglewood Municipal Code 8-123) and 110 (which does not exist) and the prayer for punitive damages.

Plaintiff has agreed to remove the allegations in paragraphs 48-49 and 60-61.

The Court GRANTS the Motion to Strike paragraphs 69-70 (nuisance) as they are insufficient to support an award of punitive damages.  So too, the allegations in the Fifth Cause of action for alleged violation of the Inglewood Municipal Code are insufficient to support an award of punitive damages.  Paragraph 74 is stricken.  The Court construes the reference to paragraph 110 to mean paragraph 91, as that is the final paragraph in the Fourth Amended Complaint.  The allegations in that Cause of Action are sufficient and the Motion is Denied as to paragraph 91.

ORDER:

1.     The Demurrer to the Seventh Cause of Action in the Fourth Amended Complaint is OVERRULED.

2.     The Motion to Strike is GRANTED as to paragraphs 48-49, 60-61, 69-70 and 74.

3.     The Motion to Strike paragraph 110 is understood to mean paragraph 91.  It is DENIED.