Judge: Douglas W. Stern, Case: 21STCV35155, Date: 2023-03-24 Tentative Ruling

Case Number: 21STCV35155    Hearing Date: March 24, 2023    Dept: 68

Charles Crosier vs. Inglewood Properties II, et al., Case No. 21STCV35155

Demurrer to Second Amended Complaint and (2) Motion to Strike

This action and the demurrer and motion to strike is virtually the same as that in Eric McDowell vs. Joanne C. Warren, et al. Case No. 21STCV30565 being heard on the same date.  Counsel in both cases is the same.  Therefore, unless the parties require additional clarification, the Court intends its tentative ruling in Eric McDowell vs. Joanne C. Warren, et al. Case No. 21STCV30565 to be the same in this case.

However, this case has a different Fifth Cause of Action and it shall be addressed herein.

5. Fifth Cause of Action for Violation of California Civil Code § 1942.4

Defendants demur to this cause of action because they claim that it is barred by the statute of limitations and is duplicative.

Plaintiff does not appear to oppose Defendants’ demurrer to this cause of action in his opposition. Additionally, as this statute is directly related to habitability, it does appear to be duplicative of Plaintiff’s cause of action for breach of statutory warranty of habitability.

Accordingly, Defendants’ Demurrer as to Plaintiff’s Fifth Cause of Action is SUSTAINED with leave to amend.