Judge: Stephen P. Pfahler, Case: 22CHCV00637, Date: 2023-04-26 Tentative Ruling
Case Number: 22CHCV00637 Hearing Date: November 22, 2023 Dept: F49
Dept. F-49
Date: 11-22-23
Case # 22CHCV00637
Trial Date: N/A
LEAVE TO AMEND
MOVING PARTY: Plaintiffs, Albert Hughes, et al.
RESPONDING PARTY: Defendants, Laura De Leon, et al.
RELIEF REQUESTED
Motion for Leave to File a Second Amended Complaint
SUMMARY OF ACTION
On October 30, 2021, plaintiffs Albert Hughes and Sabrina
Crawford toured the premises of 9400 Corbin Ave., Northridge, for a potential
apartment unit rental. The apartments are owned and/or managed by defendant The
Northwestern Mutual Life Insurance Company dba Terrena. Defendant Laura De Leon
is identified as the leasing agent, and person Plaintiffs met with at the time
of the October 30, 2021 tour.
Plaintiffs were shown apartment 4089, and expressed an
interest in renting the unit. On November 24, 2021, Plaintiffs appeared on the
premises to execute a lease for unit 4089. Plaintiffs took a tour of the unit
prior to signing, and noticed a broken window in the hallway of an unidentified
unit. Upon inquiry, the broken window was described as a result of “rowdy
tenants.” A damaged door on unit on unit 4088 was also blamed on college
student parties.
Plaintiffs signed a 10-month lease, and commenced their
occupation on November 27, 2021. Plaintiffs subsequently learned that the
damage to the property was caused by a homicide on the premises on August 6,
2021. The damage to the window was the result of gunfire.
Upon confronting Defendants for the failure to disclose
the homicide on the premises, Defendants disputed any purported homicide on the
premises and maintained the violence occurred off-site. Plaintiffs also
maintain the security standards on the premises were lacking, such as the
locked gate, thereby allowing criminals to freely roam.
On August 15, 2022, Plaintiffs filed their complaint for Breach
of Civil Code section 1710.2; Fraud, Deceit, Misrepresentation, Concealment;
Breach of Contract; Intentional Infliction of Emotional Distress; Negligence;
Negligent Hiring, Supervision, or Retention of Employee; Breach of Business and
Professions Code section 17200; and Breach of Civil Code section 1942.4.
On March 13, 2023, the court sustained the demurrer of
Northwestern Mutual Life Insurance Company to the first, second, fourth, and
fifth causes of action for Breach of Civil Code section 1710.2; Fraud, Deceit,
Misrepresentation, Concealment; Intentional Infliction of Emotional Distress;
and, Negligence. The
remaining causes of action for Breach of Contract; Negligent Hiring,
Supervision, or Retention of Employee; and Breach of Business and Professions
Code section 17200; and, Breach of Civil Code section 1942.4 were overruled. On April 12,
2023, Plaintiffs filed a first amended complaint for Breach of Civil
Code section 1710.2; Fraud, Deceit, Misrepresentation, Concealment; Breach of
Contract; Intentional Infliction of Emotional Distress; Negligence; Negligent
Hiring, Supervision, or Retention of Employee; Breach of Business and
Professions Code section 17200; and Breach of Civil Code section 1942.4.
On August 28, 2023, the court sustained the joint
demurrers of defendants to the first, second, fourth, and fifth causes of
action in the first amended complaint with 25 days leave to amend. The court specifically
denied leave to add any new causes of action or claims. On September 28, 2023,
Plaintiffs filed their second amended complaint for Breach of Civil Code
section 1710.2; Fraud, Deceit, Misrepresentation, Concealment; Breach of
Contract; Intentional Infliction of Emotional Distress; Negligence; Negligent
Hiring, Supervision, or Retention of Employee; Breach of Business and
Professions Code section 17200; and Breach of Civil Code section 1942.4.
RULING: Off-Calendar/Moot
Plaintiffs move for leave to file a second amended
complaint. Defendants in opposition maintain the motion both fails to comply
with requirements and presents a significant basis of prejudice. Defendants
also offer substantive challenges to the proposed amended pleading. Plaintiffs
in reply respond to the substantive challenges raised in the oppositions.
The motion was filed prior to the hearing on the demurrers
to the first amended complaint. The court sustained the demurrers to the first,
second, fourth, and fifth causes of action in the first amended complaint. Plaintiffs
filed their second amended complaint on September 28, 2023. The motion is
therefore now moot, and taken off-calendar.
Demurrers with motions to strike to the operative complaint
are currently reserved, and scheduled (Northwestern Mutual) for March 11 and
12, 2024, respectively. Any and all challenges to the propriety of the
additionally added cause of action without leave of court, and sufficiency of
the cause of action can be addressed in the reserved motions.
Plaintiffs to give notice to all parties.