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Real Property
Nuisance
Breach of Warranty of Habitability

Georgia Arellan, Jose Arellan, Jimmy Zemany, Josseline Garcia v. Louis Stavros, Mary Stavros, Linda Ethier, and Does 1 through 50, inclusive

Published: Oct. 22, 2016 | Result Date: Sep. 26, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC622262 Demurrer –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Macauley Ekpenisi
(Law Offices of Macauley Ekpenisi)


Defendant

Pierro H. Babaian
(The Safarian Firm, APC)

A. Harry Safarian
(The Safarian Firm APC)


Facts

Georgia Arellan, Jose Arellan, Jimmy Zemany, and Josseline Garcia sued Louis Stavros, Mary Stavros, and Linda Ethier, in connection with a landlord-tenant dispute.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs were tenants of a rental unit located in Long Beach. Plaintiffs had lived in the property since December 2013. Defendants owned and managed the property. Defendants allegedly invaded plaintiff's privacy and maintained the property poorly, allowing, among other things, a defective sprinkling system to leak and cause flooding in the unit and vermin infestation. Plaintiffs were rendered ill because of mold, infestations and other conditions in the property. Plaintiffs asserted causes of action for negligence, breach of warranty of habitability, breach of covenant of quiet enjoyment, nuisance, and intentional infliction of severe emotional distress.

DEFENDANTS' CONTENTIONS:
Defendants demurred, challenging the sufficiency of plaintiffs' allegations.

Result

The court sustained the demurrer in its entirety with leave to amend.


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