Judge: Lisa R. Jaskol, Case: 23STCV15772, Date: 2024-09-11 Tentative Ruling
Case Number: 23STCV15772 Hearing Date: September 11, 2024 Dept: 28
Having considered the moving and opposition papers, the Court rules as follows.
BACKGROUND
On July 6, 2023, Plaintiffs Bertha Alcantara, Allison Arellano-Alcantara, a minor through and by her guardian ad litem Bertha Alcantara, and Ashley Arellano-Alcantara, a minor through and by her guardian ad litem Bertha Alcantara, filed this action against Defendants Garfield Mission Apartments, LLC (“Defendant”) and Does 1-25 for general negligence, premises liability, and breach of contract.
On November 2, 2023, the Court appointed Bertha Alcantara to serve as guardian ad litem for Plaintiff Allison Arellano-Alcantara. On November 21, 2023, the Court appointed Bertha Alcantara to serve as guardian ad litem for Plaintiff Ashley Arellano-Alcantara.
On July 1, 2024, Defendant filed a petition to compel arbitration and motion to stay litigation pending arbitration. The petition and motion were set for hearing on August 14, 2024. On August 1, 2024, Plaintiffs filed an opposition. Defendant did not file a reply. The Court continued the hearing on the motion to September 11, 2024.
Trial is currently scheduled for January 2, 2025.
PARTIES’ REQUESTS
Defendant asks the Court to compel arbitration and stay the litigation pending arbitration.
Plaintiffs ask the Court to deny the petition and motion.
LEGAL STANDARD
“A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable, and irrevocable, save upon such grounds as exist for the rescission of any contract.” (Code Civ. Proc., § 1281.)
DISCUSSION
The complaint alleges the following:
On July 9, 2021, Plaintiff Bertha Alcantara (“Alcantara”) and her two daughters, Allison Arellano-Alcantara and Ashley Arellano-Alcantara, were in their apartment located at 804 N. Garfield Avenue, Apt. 23, Montebello, CA 90640. Alcantara heard a loud noise and saw the roof of her apartment collapse. Alcantara's daughters were sitting on their beds when the roof collapsed.
In an attempt to aid her daughters, Alcantara jumped over a piece of roof in the middle of the room, injuring her knee. Alcantara’s daughters were also injured in the collapse.
Alcantara immediately notified Defendant’s manager. Alcantara also called the Fire Department, which arrived a few minutes later. The Fire Department instructed Plaintiffs that the apartment was unsafe and Plaintiffs should stay at another location. Defendant told Plaintiffs to sleep in the living room while the bedroom was being fixed. Plaintiffs slept in the living room until the bedroom was fixed.
Defendant controls, maintains, and manages Plaintiffs’ apartment. Defendant failed to give notice to its tenants about the dangerous condition, failed to take reasonable care of the roof, and failed to ensure its repair and condition.
The accident and injuries were foreseeable. Defendant breached its duty to Plaintiffs by negligently failing to maintain the roof of Plaintiffs’ apartment.
As a result of Defendant's negligence, Plaintiffs suffered and continue to suffer damages including pain and suffering, psychological and mental distress, sleeplessness, headaches, anxiety, paranoia, nervousness, and fatigue. Plaintiffs also incurred medical expenses and related out-of-pocket expenses.
Defendant told Plaintiffs that they would not have to pay rent due to the incident but evicted Plaintiffs on July 28, 2022. Defendant breached its contract in allowing Plaintiffs to live at the apartment without paying rent and then later evicting them.
B. Defendant’s petition to compel arbitration
Defendant asserts that, in 2017, Alcantara signed a lease in which she agreed to arbitrate “any dispute between the parties arising from or relating to a claim for personal injury, which is directly or indirectly related to, or arising from a condition of the leased premises or common areas, or any event thereon . . . .” (Capitalization omitted.) Plaintiffs have refused Defendant’s requests to submit their claims to arbitration. Defendant asks the Court to compel arbitration under the terms of the lease agreement.
Plaintiffs oppose the motion, citing Williams v. 3620 W. 102nd St., Inc. (2020) 53 Cal.App.5th 1087 (Williams).) In Williams, the Court of Appeal held that arbitration agreements in residential leases violated state public policy under California law where the tenants sued the landlords “for harms based on conditions inside their apartments and in common areas.” (Id. at p. 1092.)
Defendant has not attempted to distinguish Williams. The Court concludes that Williams is binding here. The decision’s reasoning invalidates the arbitration agreement on which Defendant relies.
The Court denies Defendant's petition and motion.
CONCLUSION
The Court DENIES Defendant Garfield Mission Apartments, LLC’s petition to compel arbitration and motion to stay litigation pending arbitration.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.