Judge: Robert B. Broadbelt, Case: 21STCV07962, Date: 2023-04-04 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 21STCV07962    Hearing Date: April 4, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Defendant Zaki Saleh Mansour

RESPONDING PARTIES:    Plaintiffs Jonathan Neria and Federico Coronado

Demurrer to First Amended Complaint

The court considered the moving, opposition, and reply papers filed in connection with this demurrer.

BACKGROUND

Plaintiffs Jonathan Neria and Federico Coronado (“Plaintiffs”) filed the operative First Amended Complaint in this breach of warranty of habitability action against defendant Zaki Saleh Mansour (“Defendant”) on December 6, 2022.[1]  The First Amended Complaint alleges nine causes of action for (1) violation of California Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) Business and Professions Code section 17200, et seq.; (5) negligence; (6) breach of covenant of quiet enjoyment; (7) intentional influence to vacate; (8) intentional infliction of emotional distress; and (9) violation of California’s Fair Employment and Housing Act.

Defendant now moves the court for an order sustaining the demurrer to Plaintiffs’ ninth cause of action.

DEMURRER

The court sustains Defendant’s demurrer to Plaintiffs’ ninth cause of action for violation of the Fair Employment and Housing Act on the ground of uncertainty because this cause of action is ambiguous and unintelligible.  (Code Civ. Proc., § 430.10, subd. (f).)

Here, Plaintiffs appear to have alleged this cause of action based on three separate theories: (1) that Defendant harmed Plaintiffs by committing discriminatory housing practices (Gov. Code, § 12955, subd. (a)), (2) that Defendant harmed Plaintiffs by making illegal statements with respect to the rental of a housing accommodation that indicate a preference, limitation, or discrimination based on race, color, national origin, ancestry, or immigration status (Gov. Code, § 12955, subd. (c)), and (3) that Defendant harmed Plaintiffs by harassing Plaintiffs “with the dominant purpose of retaliation against them for opposing unlawful practices” (Gov. Code, § 12955, subd. (f)).  (FAC ¶¶ 145-147.)   Each allegation represents a separate ground for relief and constitutes different unlawful practices under FEHA.  (Gov. Code, § 12955, subds. (a), (c), (f).)  Thus, Plaintiffs should have pleaded each theory as a separate cause of action. 

The court finds that, because Plaintiffs base this cause of action on various, separate unlawful practices, it is ambiguous and unintelligible and has not put Defendant on notice of the charges against Defendant in connection with this cause of action.  (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) ¶ 7:85 [A demurrer for uncertainty will be sustained where the defendant cannot reasonably determine what counts or claims are directed against him or her].) 

ORDER

The court sustains defendant Zaki Saleh Mansour’s demurrer to plaintiffs Jonathan Neria and Federico Coronado’s ninth cause of action for violation of Fair Employment and Housing Act.

The court grants plaintiffs Jonathan Neria and Federico Coronado 20 days leave to file a Second Amended Complaint that amends the ninth cause of action to remedy the uncertainty set forth above, including by alleging separate causes of action for each legal theory under the Fair Employment and Housing Act.

The court orders Zaki Saleh Mansour to give notice of this ruling.  

IT IS SO ORDERED.

DATED:  April 4, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court