Judge: Nick A. Dourbetas, Case: 2023-01306182, Date: 2023-06-16 Tentative Ruling

Demurrer to Amended Complaint

Defendants Madalene Tran, Josh Hua, Hien Lai, and Anh Nhung Hua’s demurrer is SUSTAINED with 10 days leave to amend as to the first cause of action for negligence, and otherwise OVERRULED.

First cause of action for negligence. The first amended complaint fails to state facts sufficient to constitute this cause of action. In particular, the first amended complaint fails to state facts sufficient to establish a duty on the part of the owner-defendants to protect the plaintiff from the alleged violent third-party criminal conduct, such as by either not renting the property to the tenant(s) or evicting him/her/them upon conducting periodic “visual observation[s]” of the property. (See FAC ¶ GN-1; Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158 [elements]; Castaneda v. Olsher (2007) 41 Cal.4th 1205, 1213, 1216-1221 [duty; heightening foreseeability necessary to establish duty on the part of a landlord to not rent the property to a tenant or to evict the tenant].)

Second cause of action for premises liability. The first amended complaint does not allege a second cause of action for premises liability. The only claim alleged against the moving defendants is the first cause of action for general negligence.

Defendants shall give notice.