Judge: Robert B. Broadbelt, Case: 24STCV28171, Date: 2025-06-10 Tentative Ruling
Case Number: 24STCV28171 Hearing Date: June 10, 2025 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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24STCV28171 |
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June
10, 2025 |
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[tentative]
Order RE: defendants’ motion to strike portions of
complaint for damages |
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MOVING PARTIES: Defendants 11840 Chandler LLC and
Paul Bronstein, erroneously sued as K&B Property Management LLC
RESPONDING PARTIES: Plaintiffs Yana Brody and Marco Filardi
Motion to Strike Portions of Complaint for Damages
The court
considered the moving, opposition, and reply papers filed in connection with
this motion.[1]
DISCUSSION
Defendants 11840 Chandler LLC and Paul Bronstein, erroneously sued as
K&B Property Management LLC (“Defendants”) move the court for an order
striking from the Complaint filed by plaintiffs Yana Brody and Marco Filardi
(“Plaintiffs”) (1) the prayer for punitive damages (Compl., Prayer, ¶ 4), and
(2) the allegation requesting punitive damages (Compl., ¶ 67).
The court denies Defendants’ motion to strike because Plaintiffs have
alleged sufficient facts to establish that Defendants are guilty of malice and
oppression since Plaintiffs have alleged, inter alia, that (1) Defendants
refused to repair various water leaks at the property (Compl., ¶¶ 12-13, 15, 17)
and Plaintiffs subsequently discovered a suspected mold infestation (Compl., ¶
18), (2) Defendants denied the suspected mold grown and refused to perform any
further inspection at the property (Compl., ¶ 19), (3) Plaintiffs independently
hired a mold inspection company to test the property, which confirmed the
existence of toxic mold inside the living room and bathroom (Compl., ¶ 20), and
(4) as a result of the conditions in the property, Plaintiffs (i) “were forced
to seek medical treatment” (Compl., ¶ 19), and (ii) “were forced to temporarily
relocate for the next 40 days” (Compl., ¶ 21).
(Civ. Code, § 3294, subds. (a), (c)(1), (c)(2); Code Civ. Proc., § 436.)
ORDER
The court denies defendants 11840
Chandler LLC and Paul Bronstein, erroneously sued as K&B Property
Management LLC’s motion to strike portions of complaint for damages.
The court orders plaintiffs Yana
Brody and Marco Filardi to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court
[1] Moving
defendants 11840 Chandler LLC and Paul Bronstein, erroneously sued as K&B
Property Management LLC also filed, on January 13, 2025, a demurrer to the
Complaint, which was also set for hearing on June 10, 2025. However, defendants 11840 Chandler LLC and
Paul Bronstein, erroneously sued as K&B Property Management LLC, withdrew
their demurrer on May 19, 2025. (Def.
Notice of Withdrawal of Demurrer, pp. 1:25-2:1.)