Judge: Michael Small, Case: 23STCV20921, Date: 2023-12-12 Tentative Ruling

Case Number: 23STCV20921    Hearing Date: December 12, 2023    Dept: 57

Pending before the Court are the demurrer and motion to strike filed by Defendant Los Angeles County Housing Development Corporation ("LACHDC").  

The Court is sustaining the demurrer with leave to amend as to Plaintiffs' claims for breach of contract, breach of the implied warrant of habitability, and violation of Civil Code Section 1942.4.   Each of those claims depends on the existence of a lease agreement between Plaintiffs, on the one hand, and either LACHDC or agent of LACHDC on the other hand.  LACHDC is not a party to the lease agreement that the Plaintiffs entered into with Cannon Apartments, which the lease identifies as the Plaintiffs' landlord.  Nor is Cannon Apartments identified in the Plaintiffs' complaint as an agent of LACHDC.  Indeed, Cannon Apartments is not maned as a Defendant in the action.   The Defendants are LACHDC and Levine Management Group, Inc.  

The Court is overruling the demurrer as to Plaintiffs' claims for nuisance and intentional infliction of emotional distress.   The claim for nuisance is not duplicative of the negligence claim, and the allegations in the complaint are sufficient to support both of those claims.

The Court is denying the motion to strike as to Plaintiffs' prayer for punitive damages.  The allegations in the complaint are sufficient to support an award of punitive damages against LACHDC.  The Court is granting the motion to strike with leave to amend as to the prayer for attorney's fees.  Plaintiffs are not entitled to an award of attorney's fees on any of the claims against LACHDC as to which the demurrer was overruled.