Facts

Plaintiffs sued defendants for breach of contract, negligent misrepresentation, fraud, breach of the implied warranty of habitability, negligent maintenance of premises, retaliatory eviction, and failure to return or account for security deposit.

PLAINTIFFS' CONTENTIONS:
Plaintiff contended that they entered into a residential lease with defendant Julie Mains, the purported owner/landowner, which contained an option to purchase the subject property. They alleged that defendants failed to disclose significant issues regarding the state of the property, including leaks and extensive termite damage. Defendants failed to remedy the deficiencies and thereafter initiated an unlawful detainer action against plaintiffs. Plaintiffs also claimed that defendants did not actually hold title to the property, and were not authorized to convey any interest to plaintiffs. Last, plaintiffs argued that defendants failed to return their security deposit after they vacated the premises.

DEFENDANTS' CONTENTIONS:
Defendants argued that they were entitled to dismissal because plaintiffs failed to timely file an amended complaint within the time allotted by the court.

Result

The court granted defendants' motion to dismiss.

Other Information

FILING DATE: Jan. 30, 2015.