Case Number:?BC703713????Hearing Date:?October 09, 2018????Dept:?56
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
| ROZITA POURMOUSSA, GITI POURMOUSSA, FOROKHLAGNA POURMOUSSA, MANOUCHEHR POURMOUSSA,
Plaintiffs, vs.
KENNETH SHAFFER, FRANCES SHAFFER, KENNETH SHAFFER AND FRANCES SHAFFER FAMILY TRUST, and DOES 1-100, inclusive,
Defendants. |
??????CASE NO.: BC703713
[TENTATIVE] ORDER RE: MOTION TO STRIKE
8:30 a.m. October 9, 2018 Dept. 56 |
This is an action arising from alleged substandard conditions at Plaintiffs? apartment.??On April 23, 2018, Plaintiffs filed the operative Complaint alleging causes of action for (1) breach of contract, (2) breach of implied warranty of habitability, (3) intentional infliction of emotional distress, (4) nuisance, (5) violation of Civ. Code ? 1942.4, and (6) retaliatory eviction.
Defendants seek to strike all references in the Complaint to punitive damages for failure to plead malicious, oppressive, or fraudulent conduct.
The allegations of the Complaint are as follows.??Plaintiffs? apartment suffered from leaking walls, defective plumbing, visible mold, defective flooring, dampness, deteriorated walls, and peeling paint.??(Compl. ? 13.)??Plaintiffs notified their landlords (Defendants) of such conditions.??(Compl. ? 14.)??Defendants had knowledge of Plaintiffs? resulting health issues.??(Compl. ? 18.)?Despite such knowledge, Defendants took no action whatsoever to remediate the subject premises.??(Compl. ? 14.)??As a result, Plaintiffs suffered physical injury.??(Compl. ? 33.)??Defendants subsequently served a notice to quit on Plaintiffs in retaliation for complaining of the substandard conditions at the subject property.??(Compl. ? 15.)
The foregoing is sufficient to allege malicious or oppressive conduct.??(Civ. Code ? 3294.)??Accordingly, the Motion to Strike is DENIED.
Defendants are ordered to give notice of this ruling.
Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.??If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 9th?day of October 2018
| Hon. Holly J. Fujie
Judge of the Superior Court
|