Judge: Elaine W. Mandel, Case: 22SMC01786, Date: 2023-05-17 Tentative Ruling

Case Number: 22SMC01786    Hearing Date: May 17, 2023    Dept: P

Tentative Ruling

Daneshrad, et al. v. Sadr, et al., Case No. 22SMC01786

Hearing Date May 17, 2023

Defendant Sadr’s Motion for Judgment on the Pleadings

Plaintiffs allege the condominium unit above them flooded, causing damage. Plaintiffs allege defendants Sadr and HOA represented they would repair the damage and pay for alternative housing but failed to do so. Defendant Sadr moves for judgment on the pleadings as to intentional infliction of emotional distress and intentional misrepresentation claims.

IIED

For a plaintiff to successfully plead a cause of action for IIED, defendant’s conduct must be outrageous, i.e. it must be “so extreme as to exceed all the bounds of that usually tolerated in a civilized community.” Catsouras v. Dept. of California Highway Patrol (2010) 181 Cal.App.4th 856, 874.

Sadr argues plaintiffs have not alleged outrageous conduct. Plaintiffs allege property damage due to the leak, and Sadr’s failure to cure the damage. The conduct complained of is not extreme and does not “exceed all the bounds of that usually tolerated in a civilized community.” GRANTED.

Intentional Misrepresentation

A cause of action for fraud requires plaintiff to allege actual reliance – that they believed defendant’s representations to be true and acted upon that belief. Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 230-231.

Sadr argues plaintiffs have not alleged reliance. The injury is the property damage. While plaintiffs allege Sadr falsely stated she would pay for alternate housing and repair the damage, they do not allege any further injury suffered due to these alleged misrepresentations. The complaint does not specify what, if anything, plaintiffs did in reliance on these alleged representations. The complaint merely alleges plaintiffs “were induced to, and did, justifiably rely on defendants’ false representations, concealments, and failures to disclose material information.” This is conclusory, stating the legal standard without any specific facts. Complaint ¶51. GRANTED.