Judge Joel R Wohlfeil, Case Number: 37-2023-00023413-CU-OR-CTL, Date: 2024-05-31 Tentative Ruling

Judge: Joel R Wohlfeil, Case: 37-2023-00023413-CU-OR-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 29, 2024

05/31/2024 09:00:00 AM C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited Other Real Property Summary Judgment / Summary Adjudication (Civil) 37-2023-00023413-CU-OR-CTL ORTEGA VS SENTRE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 03/12/2024

1. The Motion (ROA # 47) of Plaintiff Norman V. Ortega ('Plaintiff' or 'Ortega') for an order for summary judgment in favor of Plaintiff and against Defendants SENTRE Inc. ('Sentre') and ('Barcelona') (collectively 'Defendants'), is DENIED.

Plaintiff's Request (ROA # 50) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of Exh's 'D - H' and declines to take judicial notice of Exh's 'A - C.' The party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.

If this burden is satisfied, it causes a shift, and the opposing party is then subjected to a burden of production of their own to make a prima facie showing of the existence of a triable issue of material fact.

Id.

If Plaintiff, who would bear the burden of proof by a preponderance of evidence at trial, moves for summary judgment, he must present evidence that would require a reasonable trier of fact to find any underlying material fact more likely than not. Id. at 851.

Plaintiff moving for summary judgment bears the initial burden of production necessary to prove each element of the cause of action. Id. at 853.

A warranty of habitability is implied by law in residential leases. Peviani v. Arbors at California Oaks Property Owner, LLC (2021) 62 Cal. App. 5th 874, 891.

The elements of a cause of action for breach of the implied warranty of habitability are the existence of a material defective condition affecting the premises' habitability, notice to the landlord of the condition within a reasonable time after the tenant's discovery of the condition, the landlord was given a reasonable time to correct the deficiency, and resulting damages. Id. A violation of a statutory housing standard that affects health and safety is a strong indication of a materially defective condition. Id. 'A dwelling shall be deemed untenantable ... if it substantially lacks any of the following affirmative standard characteristics ... � ... Heating facilities that conformed with applicable law at the time of Calendar No.: Event ID: TENTATIVE RULINGS

3102490 CASE NUMBER: CASE TITLE: ORTEGA VS SENTRE INC [IMAGED] 37-2023-00023413-CU-OR-CTL installation, maintained in good working order.' Civ. Code 1941.1(a)(4).

The implied warranty of habitability does not require that a landlord ensure that leased premises are in perfect, aesthetically pleasing condition, but it does mean that bare living requirements must be maintained. Green v. Superior Court (1974) 10 Cal. 3d 616, 637.

In most cases, substantial compliance with applicable building and housing code standards which materially affect health and safety will suffice to meet the landlord's obligations under the common law implied warranty of habitability. Id. Also, minor housing code violations standing alone which do not affect habitability must be considered de minimus and will not entitle the tenant to reduction in rent. Id. at 638.

In this case, disputed material facts exist regarding the existence of a material defective condition affecting the premises' habitability. It is disputed whether use of a space heater in lieu of a functioning radiator heating system is a material defective condition rendering the premises uninhabitable.

In addition, disputed material facts exist regarding the existence and amount of damages related to any materially defective condition affecting habitability.

'If the trial court does find a breach of implied warranty, the court must then determine the extent of the damages flowing from this breach. Recent decisions have suggested that in these circumstances the tenant's damages shall be measured by the difference between the fair rental value of the premises if they had been as warranted and the fair rental value of the premises as they were during occupancy by the tenant in the unsafe or unsanitary condition.' Id. The Complaint alleges as damages the entirety of the rent paid by Plaintiff during the seventy-nine (79) months he has resided in the unit. However, there is insufficient evidence demonstrating that the purported failure to provide a working radiator heating system reduces the fair rental value to zero.

_____ 2. The Motion (ROA # 56) of Defendant BARCELONA 326 JUNIPER, LLC ('Defendant' or 'Barcelona') for an order compelling Plaintiff NORMAN V. ORTEGA ('Plaintiff') to serve verified responses to Requests for Production (RFP's'), Set Two, and for monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Plaintiff's objections to Defendant's contention RFP's are OVERRULED. The reference to Exh. 'A' in response to every RFP is inadequate. Defendant, as the propounding party, is entitled to more specificity under the Code.

Plaintiff is directed to serve Code-compliant responses within twenty (20) days of the hearing of this Motion and produce the documents within twenty-five (25) days of the hearing of this Motion.

Plaintiff's responses were served without substantial justification. However, the description of Defendant's time and services in the declaration of Attorney Quinzii (see par. 12) is insufficient to enable the Court to make the findings necessary to award the amount of sanctions requested. Therefore, the Court awards nominal sanctions against Plaintiff only in the amount of $100.

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3102490