Judge: Melvin D. Sandvig, Case: 24CHCV00071, Date: 2024-05-15 Tentative Ruling

Case Number: 24CHCV00071    Hearing Date: May 15, 2024    Dept: F47

Dept. F47

Date: 5/15/24

Case #24CHCV00071

DEMURRER TO THE ORIGINAL COMPLAINT

Demurrer filed on 3/15/24.

MOVING PARTY: Defendants Tatiana Nayfeld LAC Inc., Tatiana Nayfeld and Mark Nayfeld

RESPONDING PARTY: Plaintiff Teresa Arasheben

NOTICE: ok

Demurrer is to the entire complaint:

            1.  Negligence

RULING: The demurrer is sustained with 30 days leave to amend.   

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of Plaintiff Teresa Arasheben’s (Plaintiff) tenancy at property located at 10780 Adora Ave., Unit A, in Chatsworth, California.  Plaintiff alleges that she rented the property from Defendant and owner, Mark Nayfeld.  The allegations in the complaint imply that Mark Nayfeld resided in a neighboring property and that conditions on that property caused the property where Plaintiff resided to become dangerous and infested with bugs, fleas, and bed bugs.  Plaintiff alleges that when she complained to Mark Nayfeld he became enraged, retaliated against her and ultimately demanded Plaintiff leave to the property.  Plaintiff alleges that she was hospitalized with acute strep and pneumonia related to the conditions of the property.  Plaintiff also alleges that Mark Nayfeld and his unidentified wife would routinely harass and scare Plaintiff. 

On 1/8/24, Plaintiff filed this action against Defendants Tatiana Nayfeld LAC Inc., Tatiana Nayfeld and Mark Nayfeld (collectively, Defendants) for negligence.  After Plaintiff’s counsel failed to respond to Defendants’ counsel’s meet and confer efforts, Defendants filed the instant demurrer to the complaint on the grounds that the complaint fails to allege sufficient facts to constitute a cause of action and the complaint is uncertain.  CCP 430.10(e), (f).  Plaintiff has not opposed or otherwise responded to the demurrer. 

ANALYSIS

The elements of a negligence cause of action are: (1) duty, (2) breach, (3) causation and (4) damages.  See CACI 1000.  Landlords have a duty to put leased premises in a condition fit for occupation.  Civil Code 1941.  Additionally, landowners have a duty to exercise reasonable care to discover unsafe conditions and to repair, replace or give adequate warning of anything that could be reasonable expected to harm others.  CACI 1001; See also Soto (2020) 45 CA5th 168, 177; Civil Code 1714(a).

Here, Plaintiff has failed to allege any basis for a duty owed to her by Defendants Tatiana Nayfeld LAC Inc. and/or Tatiana Nayfeld.  As such, the complaint fails to allege sufficient facts to state a negligence cause of action against these Defendants and is uncertain as to the basis of Plaintiff’s claim against them. 

The complaint is also uncertain as to Defendant Mark Nayfeld as the negligence cause of action alleges that Defendant Tatiana Nayfeld LAC Inc. was the legal/proximate cause of her damages, but then goes on to allege conduct committed solely by Mark Nayfeld and his unidentified wife.  The relationship between the named defendants is not clear. 

CONCLUSION

Based on the foregoing, the demurrer is sustained.  Due to the liberal policy of allowing leave to amend and since this is only the original complaint, Plaintiff is given 30 days leave to amend to try to cure the defects in her pleading.