Makoff vs. Casa Monterrey, LLC

The Demurrer is OVERRULED as to the first cause of action for breach of warranty of habitability. (Peviani v. Arbors at California Oaks Property Owner, LLC (2021) 62 Cal.App.5th 874, 891; Green v. Superior Court (1974) 10 Cal.3d 616, 637.) The Court notes that Defendant’s argument that “Plaintiff has failed to include specific dates when notices of such violations were given to a governmental agency” is of no consequence because such information is not an element to the cause of action for breach of implied warranty of habitability.

The Complaint states facts sufficient to constitute a cause of action for breach of implied warranty of habitability based on the water leakage issues and presence of toxic mold. The Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the fifth cause of action for fraud/concealment, sixth cause of action for negligent misrepresentation, and seventh cause of action for intentional infliction of emotional distress. Plaintiff sufficiently states these causes of action except that Plaintiff fails to plead who fraudulent concealed and negligently misrepresented the habitability of the apartment and when such statements or concealments were made with the requisite specificity to state such claims against the corporate Defendant.

The intent element of these causes of action lacks the requisite specificity based on Defendant’s status as a corporation.