Judge Jill Feeney, Case Number: 23STCV06350, Date: 2023-11-28 Tentative Ruling

This is an action for negligence, breach of warranty of habitability, and breach of the covenant of quiet enjoyment. Plaintiffs allege that they were tenants of a property located at 19610 Sherman Way, Apt 20, Reseda, CA 91335 owned by Defendant Koteswar Silla. The property had defects, including defective plumbing, deteriorating walls and floors, pests, peeling paint and plater, exposed wiring, a broken staircase, broken doors, damaged windows, mold, and mildew. Plaintiffs suffered injuries as a result of the defects on the property.

Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., section 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc. section 436, subd. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.)

A landlord of a dwelling may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to pay rent or quit pursuant to subdivision (2) of Section 1161 of the Code of Civil Procedure, if all of the following conditions exist prior to the landlord's demand or notice:

(1) The dwelling substantially lacks any of the affirmative standard characteristics listed in Section 1941.1 or violates Section 17920.10 of the Health and Safety Code, or is deemed and declared substandard as set forth in Section 17920.3 of the Health and Safety Code because conditions listed in that section exist to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants of the dwelling.

(2) A public officer or employee who is responsible for the enforcement of any housing law, after inspecting the premises, has notified the landlord or the landlord's agent in writing of his or her obligations to abate the nuisance or repair the substandard conditions.

(3) The conditions have existed and have not been abated 35 days beyond the date of service of the notice specified in paragraph (2) and the delay is without good cause. For purposes of this subdivision, service shall be complete at the time of deposit in the United States mail.

Section 1942.4 (b)(1) provides that a landlord who violates that section is liable to the tenant for the actual damages sustained by the tenant and special damages of not less than one hundred dollars and not more than $5,000. The prevailing party shall be entitled to recovery of reasonable attorney’s fees and costs of the suit in an amount fixed by the court. (Civ. Code, section 1942.4(b)(2).)

Here, the FAC seeks reasonable attorney’s fees under Civ. Code, section 1942.4(b). The FAC alleges that Plaintiffs were Defendant’s tenants for one year beginning in March 2022 and that Defendant neglected the property. (FAC p. 1, ¶1.) Defendant’s property was unsafe, untenable, and grossly violated building health and safety laws. (FAC ¶8.) The property suffered from plumbing problems and leakages, including rusty pipes, a hole under the kitchen sink, broken shower drain, broken pipes, major ceiling leaks, and water damage to the walls and floors. (FAC ¶¶9-13.) These leaks caused mold and mildew to grow in the property. (Id.) Plaintiffs also allege that the property had peeling paint, cracked windows, and broken doors which allowed spiders, rodents, and other vermin to enter and infest the house. (FAC ¶¶14, 18-20.) The property also had broken staircase panels and buckled kitchen cabinets. (FAC ¶¶14-17.) Plaintiffs suffered ailments and allergies caused by the mold and mildew on the property. (Id., ¶¶21-24.) Defendant failed and refused to correct the conditions despite Plaintiffs’ complaints. (FAC ¶31.) Defendant knew or should have known that these failures were untenable and substandard. (FAC ¶32.)

Plaintiffs made complaints to the County of Los Angeles Health Department and the department cited Defendant. (FAC, p. 2.) Despite these citations, Defendant failed to make the mandated repairs. (Id.) At all times, Defendant demanded and collected rent from Plaintiffs as it became due. (FAC ¶3.)

Defendant argues that Civ. Code, section 1174.21 limits damages under Civ. Code, section 1942.4 to cases where a landlord has instituted an unlawful detainer proceeding. However, no provision of 1174.21 limits recovery of damages under Civ. Code, section 1942.4 to unlawful detainer actions. Rather, section 1174.21 merely authorizes an award of attorney’s fees and costs in unlawful detainer actions. Civ. Code, section 1942.4 expressly states a landlord in violation of the section is liable to the tenant for actual damages, special damages, attorney’s fees, and costs. No provision of section 1942.4 limits these damages to unlawful detainer actions. Defendant offers no authority stating damages under Civ. Code, section 1942.4 are limited to unlawful detainer actions.

Plaintiffs’ FAC adequately pleads the conditions set forth in Civ. Code, section 1924.4(a) because it states the property endangered their health and safety and violated health and safety codes, that the Los Angeles Health Department repeatedly cited Defendant for the defects, that the defects were not corrected despite the citations for the year that Plaintiffs lived on the property, and that the conditions were caused by Defendant’s failure to maintain the property. Because the FAC alleges the defects were caused by Defendant’s neglect, the FAC sufficiently alleges that the defects were not caused by Plaintiff’s acts. Finally, the FAC sufficiently alleges that Defendant was in violation of section 1942.4 because Defendant demanded and collected rent despite the existence of all four conditions set forth in section 1942.4(a). Thus, the FAC adequately pleads facts sufficient to support a demand for damages, attorney’s fees, and costs under section 1942.4.