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.