Judge: Michael P. Linfield, Case: 23STCV16337, Date: 2024-04-30 Tentative Ruling

Case Number: 23STCV16337    Hearing Date: April 30, 2024    Dept: 34

SUBJECT:        Demurrer to Plaintiffs’ Complaint

 

Moving Party: Defendant Long Beach Affordable Housing Coalition, Inc.

Resp. Party:    Plaintiffs Territa Avon Calvin, Joshua Harris, Jamari Harris, Jyptian Harris, and Jently Harris

 

 

SUBJECT:        Motion to Strike

 

Moving Party: Defendant Long Beach Affordable Housing Coalition, Inc.

Resp. Party:    Plaintiffs Territa Avon Calvin, Joshua Harris, Jamari Harris, Jyptian Harris, and Jently Harris

 

 

 

The Demurrer is OVERRULED.

 

The Motion to Strike is DENIED.

 

 

BACKGROUND:

       

On July 12, 2023, Plaintiffs Territa Avon Calvin, Joshua Harris, Jamari Harris, Jyptian Harris, and Jently Harris filed their Complaint against Long Beach Affordable Housing Coalition, Inc. on causes of action arising from Plaintiffs’ tenancy in Defendant’s rental unit.

 

On July 14, 2023, the Court appointed Plaintiff Territa Avon Calvin as the guardian ad litem for Plaintiffs Jamari Harris, Jyptian Harris, and Jently Harris.

 

On April 3, 2024, Defendant filed its Demurrer to Plaintiffs’ Complaint (“Demurrer”) and Motion to Strike Punitive Damages from Plaintiffs’ Complaint (“Motion to Strike”). In support of each of these filings, Defendant concurrently filed a Proposed Order.

 

On April 17, 2024, Plaintiffs filed their Oppositions to the Demurrer and the Motion to Strike.

 

On April 23, 2024, Defendant filed its Replies in support of the Demurrer and the Motion to Strike.

 

ANALYSIS:

 

I.          Demurrer

 

A.      Legal Standard

 

“The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of” various grounds listed in statute. (Code Civ. Proc., § 430.10.)

 

“When any ground for objection to a complaint, cross-complaint, or answer appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading.” (Code Civ. Proc., § 430.30, subd. (a).)

 

“A demurrer to a complaint or cross-complaint may be taken to the whole complaint or cross-complaint or to any of the causes of action stated therein.” (Code Civ. Proc., § 430.50, subd. (a).)

 

“In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long-settled rules. We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. We also consider matters which may be judicially noticed. Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318, citations and internal quotation marks omitted.)

 

B.      Discussion

 

Defendant solely demurs to the second cause of action for intentional infliction of emotional distress.

 

1.      Legal Standard

 

“The elements of a prima facie case for the tort of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff’s suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant’s outrageous conduct. Conduct to be outrageous must be so extreme as to exceed all bounds of that usually tolerated in a civilized community.” (Wilson v. Hynek (2012) 207 Cal.App.4th 999, 1009, citation and ellipses omitted.) 

 

2.      Discussion

 

Defendant argues that the Complaint does not state a cause of action for intentional infliction of emotional distress. (Demurrer, p. (2:17.)

 

The Court disagrees.

 

Among other things, Plaintiffs allege: (1) that Defendant exposed Plaintiffs to a severe vermin infestation, plumbing defects, a clogged bathroom sink, a clogged kitchen sink, defective bathroom fixtures, defective cabinets, and peeling or chipped paint; (2) that Defendant had actual and/or constructive notice of these defects but did not take timely or reasonable steps to abate or remedy them; (3) that Defendant intentionally acted this way to cause harm to Plaintiffs; (4) that Defendant knew that a reasonable tenant, including Plaintiffs, would suffer severe emotional distress from such harm; and (5) that Plaintiffs did suffer severe emotional distress because of this conduct. (Complaint, ¶¶ 21–22, 36–40.)

 

For the purposes of a demurrer, the Court must assume the truth of these allegations.  A trier of fact could reasonably find that these allegations involve conduct so outrageous and extreme as to exceed all bounds of that usually tolerated in a civilized community. (Wilson, supra, 207 Cal.App.4th at p. 1009.)

 

C.      Conclusion

 

The Demurrer is OVERRULED.

 

II.       Motion to Strike

 

A.      Legal Standard

 

“Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof, but this time limitation shall not apply to motions specified in subdivision (e).” (Code Civ. Proc., § 435, subd. (b)(1).)

 

“The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper:

 

“(a) Strike out any irrelevant, false, or improper matter inserted in any pleading.

 

“(b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.”

 

(Code Civ. Proc., § 436.)

 

“The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).)

 

“A notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense. Specifications in a notice must be numbered consecutively.” (Cal. Rules of Court, rule 3.1322(a).)

 

B.      Discussion

 

Defendant moves the Court to strike Plaintiffs’ prayers for punitive damages based on Plaintiffs’ allegations of malice, oppression, and/or fraud. 

 

Plaintiffs are entitled to plead their allegations and request relief, and they have done so.  Should Plaintiffs show malice, oppression or fraud, their claims might well entitle them to punitive damages.  Of course, it will ultimately be Plaintiffs’ burden to prove that they are entitled to the relief that they seek.

 

C.      Conclusion

 

The Motion to Strike is DENIED.