Judge: Yolanda Orozco, Case: 19STCV04161, Date: 2022-08-17 Tentative Ruling

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Case Number: 19STCV04161    Hearing Date: August 17, 2022    Dept: 31

PLAINTIFFS’ MOTION FOR SUMMARY ADJUDICATION IS DENIED 

Background 

            On February 4, 2019 Plaintiffs Deandre Vaughns (“DV”), Danielle Watkins (“DW”), Deandre Vaughns, Jr. (“DVJ”), a minor by and through his guardian ad litem DV, and Dre-Dann Vaughns (“DDV”),  a minor by and through his guardian ad litem DV (collectively “Plaintiffs”) filed a Complaint asserting causes of action for (1) breach of implied warranty of habitability, (2) breach of statutory warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, and (6) private nuisance against Defendant Las Aguilas Properties, LLC (“Aguilas”). 

            On April 30, 2020, Defendants Management and Leasing Services (“MLS”), Juan Vargas (“JV”), Elvira Vargas (“EV”), and Irma Verduzco (“IV”) were substituted in for Does 1-4, respectively. 

            On July 15, 2021 JV and EV were dismissed. 

            On January 26, 2022, Power Property Management, Inc. was substituted in for Doe 5. 

            Plaintiffs now move for summary adjudication as to their fifth cause of action for violation of Civil Code section 1942.4. 

Legal Standard 

The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial.  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.)  Code of Civil Procedure (“CCP”) section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence’ and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”  (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.)  “The function of the pleadings in a motion for summary judgment is to delimit the scope of the issues; the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings.”  (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 67, citing FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381-382.) 

As to each claim as framed by the complaint, the moving party must satisfy the initial burden of proof by presenting facts proving the essential elements of a cause of action, negating the essential elements of a cause of action, or establishing a defense.  (CCP § 437c(p)(2); Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1520.)  Courts “liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.”  (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) 

Once the moving party has met that burden, the burden shifts to the opposing party to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.  To establish a triable issue of material fact, the party opposing the motion must produce substantial responsive evidence.  (Sangster v. Paetkau (1998) 68 Cal.App.4th 151, 166.) 

Evidentiary Objections 

Defendant’s Objections Nos 1-21, 23, and 25 are OVERRULED. 

Defendant’s Objections Nos. 22 (incorrectly number 40) and 24 (incorrectly numbered 42) are SUSTAINED. 

Discussion 

Plaintiffs move for summary adjudication as to their fifth cause of action for violation of Civil Code section 1942.4 because they can establish all of the elements and there is no defense.

Civil Code section 1942.4 provides that “[a] landlord of a dwelling may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to pay rent or quit . . . if all of the following conditions exist prior to the landlord’s demand or notice: (1) [t]he dwelling substantially lacks any of the affirmative standard characteristics listed in Section 1941.1 or violates Section 17920.10 of the Health and Safety Code, or is deemed and declared substandard as set forth in Section 17920.3 of the Health and Safety Code because conditions listed in that section exist to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants of the dwelling[;] (2) [a] public officer or employee who is responsible for the enforcement of any housing law, after inspecting the premises, has notified the landlord or the landlord’s agent in writing of his or her obligations to abate the nuisance or repair the substandard conditions[;] (3) [t]he conditions have existed and have not been abated 35 days beyond the date of service of the notice specified in paragraph (2) and the delay is without good cause . . . [; and] (4) [t]he conditions were not caused by an act or omission of the tenant or lessee in violation of Section 1929 or 1941.2.” (Civ. Code, § 1942.4.)  

“Any building or portion thereof including any dwelling unit . . . in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:. . .

(d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.

Plaintiffs present evidence that they were charged and Defendant collected rents from Plaintiffs from November 2015 to February 2016.  (Def. UMF Nos. 1-2.)  In addition, Plaintiffs present evidence that Defendant was repeatedly cited by the City of Los Angeles’ Los Angeles Housing and Investment Department (“LAHCID”) for failing to maintain electrical wiring and the required inspection approvals for all new wiring, and that the inspections “revealed conditions that affect the health and safety of the [Plaintiffs].”  (Def. UMF Nos. 3, 5, 15.)  The violation was assigned a “high” level of severity, which meant that the “[e]xposed wiring is a potentially life-threatening condition that may cause an electrical fire, electrocution or electric shock and if it remains uncorrected, the risk of harm, injury of death to residents of the building increases.”  (UMF No 7.) 

On October 23, 2015, LAHCID served Defendant with a Notice and Order to Comply.  (Def. UMF No. 8.)  On December 2, 2015, the subject dwelling was inspected and was revealed that the wiring conditions had not been corrected.  (Def. UMF No. 10.)  Defendant was served with a second Notice and Order to Comply, and given until January 8, 2016 to “eliminate all of the described conditions.”  (Def. UMF No. 12.)  The subject dwelling was then inspected again on January 11, 2016, which revealed that there was partial compliance with the Notice and Order to Comply, but that the exposed wiring had not been corrected.  (Def. UMF No. 10.)  On February 4, 2016, the LAHCID inspector closed the case relating to the subject dwelling. 

Plaintiffs also present evidence that the uninhabitable conditions were not abated within 35 days and that the delay was without good cause, as it took Defendant 104 days to abate the faulty/exposed wiring for which it was put on notice.  (Def. UMF Nos. 16-20.)  Moreover, the conditions were not caused by Plaintiffs as LAHCID cited Defendant, not Plaintiffs, for the violations.  (Def. UMF No. 37.)

Accordingly, Plaintiffs have established all of the elements for a violation of Civil Code section 1942.4.  This shifts the burden to Defendant to establish a triable issue of material fact as to any of the elements for violation of Civil Code section 1942.4, or any defense thereto.

Defendant contends that Plaintiff’s fifth cause of action is barred by the applicable one year statute of limitations.

“An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except if the statute imposing it prescribes a different limitation” must be brought within one year from the date of the injury.  (Code Civ. Proc. § 340(a).)  “Under well-established California law, statutes that provide for mandatory damages either in addition to actual injury or regardless of actual injury or fault are considered to be in the nature of a penalty or forfeiture subject to the one-year limitations period.”  (County of El Dorado v. Superior Court (2019) 42 Cal.App.5th 620, 625.)

            The Court finds that violations of Civil Code section 1942.4 are subject to a one-year statute of limitations because the statute imposes mandatory damages in addition to the actual damages sustained by the tenant or lessee.  (Civ. Code 1942.4(b)(1) [“A landlord who violates this section is liable to the tenant or lessee for the actual damages sustained by the tenant or lessee and special damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).]  (Emphasis added.)

The evidence shows that the last date that Defendant’s demanded rent or collected rent from Plaintiffs, while the subject dwelling was substandard was February 2016.  Plaintiffs had one year From February 2016 to file their fifth cause of action.  Plaintiffs did not file their fifth cause of action until February 4, 2019.  Accordingly, Plaintiffs’ fifth cause of action is barred by the statute of limitations.

Thus, Plaintiffs’ Motion for Summary Adjudication as to Plaintiffs’ fifth cause of action is DENIED.

Conclusion 

            Thus, Plaintiffs’ Motion for Summary Adjudication as to Plaintiffs’ fifth cause of action is DENIED. 

Plaintiffs to give notice. 

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