Judge: Malcolm Mackey, Case: 22STCV23653, Date: 2023-01-24 Tentative Ruling
Case Number: 22STCV23653 Hearing Date: January 24, 2023 Dept: 55
GONZALEZ
v. LINDA V. ARMOR AS TRUSTEE 22STCV23653
Hearing Date: 1/24/23,
Dept. 55
#8: MOTION TO STRIKE ALL REFERENCES TO PUNITIVE
DAMAGES AND HARASSMENT IN COMPLAINT.
Notice: Okay
No Opposition (First Amended
Complaint filed, however).
MP:
Defendant TAYLOR EQUITIES 17 LLC.
RP:
Summary
On 7/21/22, plaintiffs filed a Complaint.
On 1/9/23, plaintiffs filed a First Amended
Complaint, alleging that plaintiffs are tenants at 625 S. Burlington Ave.,
Los Angeles, which has uninhabitable conditions, including cockroach
infestations, widespread mold contamination, open exposure to raw sewage,
plumbing issues, faulty and insufficient utilities, structural defects, and
deficient security.
The causes of action are:
1. BREACH OF THE WARRANTY
OF HABITABILITY
2. NEGLIGENCE
3. BREACH OF QUIET
ENJOYMENT
4. NUISANCE
5. VIOLATION OF
CALIFORNIA CIVIL CODE SECTION 1942.4
6. INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS
7. VIOLATION OF LOS
ANGELES MUNICIPAL CODE SECTION 45.30, ET SEQ. TENANT ANTI-HARASSMENT ORDINANCE
8. VIOLATION OF BUSINESS
& PROFESSIONS CODE, SECTION 17200
9. VIOLATION OF THE FAIR
HOUSING AMENDMENTS ACT OF 1988 – 42 SECTIONS 3601, ET SEQ.
10. VIOLATION OF FAIR
EMPLOYMENT AND HOUSING ACT (FEHA)
11. VIOLATION OF THE
UNRUH CIVIL RIGHTS ACT – CAL. CIV. CODE §§ 51, et seq.
12. VIOLATION OF THE
CALIFORNIA DISABLED PERSONS ACT – CAL. CIV. CODE §§ 54-55.2.
MP
Positions
Moving party requests an order striking from the Complaint
all references to punitive damages and harassment, on grounds including the
following:
·
Plaintiffs failed to plead specific facts
of oppression fraud and malice and to plead the identity and ratification of
the despicable conduct by an officer, director or managing agent. (Civ. Code, §
3294 (a).) Civil Code § 3294(b)).
·
No cause of action for harassment or
discrimination based on sexual orientation is pleaded in connection with
allegations of harassment.
Tentative
Ruling
The motion is ordered off calendar, as moot, in light
of the First Amended Complaint subsequently filed 1/9/23.
The filing of an amended complaint pursuant to Code of
Civil Procedure Section 472 renders moot a demurrer addressing the superseded
pleading because it "'"ceases to perform any function as a
pleading."'" Sylmar Air
Conditioning v.
*IF BOTH PARTIES SUBMIT ON THE COURT’S TENTATIVE
RULING, PLEASE CALL THE COURTROOM AT 213-633-0655*