Judge: Melvin D. Sandvig, Case: 23CHCV01929, Date: 2024-02-16 Tentative Ruling

Case Number: 23CHCV01929    Hearing Date: February 20, 2024    Dept: F47

Dept. F47

Date: 2/20/24

Case #23CHCV01929

 

DEMURRER & MOTION TO STRIKE TO THE ORIGINAL COMPLAINT

 

Demurrer & Motion to Strike filed on 11/17/23.

 

MOVING PARTY: Defendant K-W Properties

RESPONDING PARTY: Plaintiffs David Tchakerian, Alice Tchakerian (an adult), Mariam Hovannisyan, April Tchakerian and Alice Tchakerian (a minor)

NOTICE: ok

 

Demurrer is to the entire complaint:

1.      Breach of Contract

2.      Breach of Covenant of Quiet Enjoyment

3.      Breach of Warranty of Habitability

4.      Negligence

5.      Negligent Maintenance of Premises

6.      Nuisance

7.      Common Law Fraud

 

RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding punitive damages in the 2nd, 3rd and 6th causes of action and the prayer for punitive damages with regard to these causes of action.  

 

RULING: The demurrer is sustained with 30 days leave to amend.  The motion to strike is placed off calendar as moot. 

 

SUMMARY OF FACTS & PROCEDURAL HISTORY

 

This action arises out of Plaintiffs David Tchakerian (David), Alice Tchakerian (an adult) (Alice Sr.), Mariam Hovannisyan (Mariam), April Tchakerian (April) and Alice Tchakerian’s (a minor) (Alice Jr.) (collectively, Plaintiffs) tenancy at the Townhomes at Lost Canyon, Unit 18185 from 2014 to August 2022.  Defendant KW Santa Clarita Townhomes (KW Santa Clarita) is the current owner of the property. 

 

In their complaint, Plaintiffs assert various habitability claims without including specific facts as to when the issues occurred, the role or acts of any specific defendant, the terms of any lease which was breached or when they vacated the unit. 

 

On 7/3/23, Plaintiffs filed this action against K-W Properties and various other defendants for: (1) Breach of Contract, (2) Breach of the Covenant of Quiet Enjoyment, (3) Breach of the Warranty of Habitability, (4) Negligence, (5) Negligent Maintenance of Premises and (6) Nuisance.  Although the caption of the complaint lists a 7th cause of action for Common Law Fraud, no such cause of action is included in the body of the complaint. 

 

After meet and confer efforts failed to resolve the issues K-W Properties had with the complaint, on 11/17/23, K-W Properties filed and served the instant demurrer to the entire complaint and motion to strike which seeks to strike allegations regarding punitive damages in the 2nd, 3rd and 6th causes of action and the prayer for punitive damages with regard to these causes of action.

 

Plaintiff has filed a joint opposition to the demurrer and motion to strike.  K-W Properties has filed a joint reply to the opposition. 

 

ANALYSIS

 

K-W Properties  Request for Judicial Notice (RJN) is granted.

 

Defendant K-W Properties is only specifically mentioned twice in the complaint.  K-W Properties is named as a defendant in the caption of the complaint.  (Complaint, p.1:20-21).  The only mention of this defendant in the body of the complaint is the allegation that “Defendant

K-W PROPERTIES is and was, at all material times relevant to this action, a foreign entity registered in the State of California to do business in the State of California.”  (See Complaint ¶8).  K-W Properties is not mentioned in the paragraph of the complaint wherein Plaintiffs set forth the defendants they believe owned, operated, managed, and/or maintained the property at issue in this action.  (See Complaint ¶11).  Additionally, the entity which acquired Townhomes at Lost Canyon in 2016 was KW Santa Clarita Townhomes, LLC.  (RJN, Ex.1).

 

1st cause of action – Breach of Contract, 2nd cause of action – Breach of Covenant of Quiet Enjoyment and 3rd cause of action – Breach of Warranty of Habitability

 

A contract between the parties is a necessary element of the 1st, 2nd and 3rd causes of action.  Richman (2014) 224 CA4th 1182, 1186; Civil Code 1927; Green (1974) 10 C3d 616, 629, 631. 

 

There are no allegations in the complaint that indicate that any of the Plaintiffs have a contractual relationship with K-W Properties.  As such, the complaint fails to allege sufficient facts to state these claims. 

 

4th cause of action – Negligence, 5th cause of action – Negligent Maintenance of Premises and  6th cause of action - Nuisance 

 

The 4th, 5th and 6th causes of action are all based on some duty allegedly owed by K-W Properties to Plaintiffs and/or some wrongful conduct committed by K-W Properties.  However, Plaintiffs have failed to allege any facts showing K-W Properties owed them any duty or committed any wrongful conduct.

 

7th cause of action – Common Law Fraud

 

As noted above, the fraud cause of action only appears in the caption of the complaint. 

 

The Court notes that the opposition fails to address any of the specific arguments in the demurrer or motion to strike.  Instead, it merely quotes allegations and concludes that they are sufficient to state the causes of action in the complaint and claims for punitive damages.  The opposition goes as far as claiming that the 7th cause of action, which does not exist in the body of the complaint, has been properly pled.  (See Opposition, p.2:11-12).   

 

CONCLUSION

 

The demurrer is sustained.  Since this is only the original complaint and due to the liberal policy of allowing leave to amend, Plaintiffs are given 30 days to try to cure the defects in their pleading.  The motion to strike is placed off calendar as moot due to the ruling on the demurrer.