Judge: Nick A. Dourbetas, Case: 2020-01152776, Date: 2022-10-28 Tentative Ruling

1. Demurrer to Amended Complaint
2. Motion to Strike

Defendants AM/PM Property Management, Inc. and Anne Jahnsen as Trustee of the Inger Poppa and Jon Poppa Bypass Trust’s (hereinafter, the landlord defendants) demurrer to third amended complaint is OVERRULED.

The third amended complaint states facts sufficient in support of the first cause of action for intentional infliction of emotional distress. (See Hughes v. Pair (2009) 46 Cal.4th 1035, 1050-1051 [elements]; see also TAC ¶¶ 28-32, 35-49, 51, 53-54, 56-71, especially ¶¶ 30, 36, 44, 49, 53-54, 56-64, 67-70.)

The landlord defendants’ motion to strike portions of third amended complaint is DENIED in its entirety.

The third amended complaint states facts sufficient to show oppression in support of a claim for punitive damages, at least at this pleading stage. (See Civ. Code, § 3294, subds. (a), (c)(2); see also TAC ¶¶ 28-32, 35-49, 51, 53-54, 56-72, 73-76, 78-82.)

The landlord defendants shall answer the third amended complaint within 15 days.

Moving party shall give notice.