Jesus Herrera, an individual; Juan Fierros, an individual; Fabian Cereno, an individual; Araceli Cespedes, an individual; Stephanie Herrera, a minor bv and through her guardian ad litem Jesus Herrera; Jesus Herrera Jr., a minor bv and through his guardian ad litem Jesus Herrera; Stacy Herrera, a minor by and through her guardian ad litem Jesus Herr
Published: Nov. 12, 2016 | Result Date: Oct. 13, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC602051 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Jason Boyd Friedman
(Stark Friedman & Chapman LLP)
Christofer R. Chapman
(Stark, Friedman & Chapman LLP)
Defendant
Charles C. McKenna
(Wright Finlay & Zak LLP)
T. Robert Finlay
(Wright Finlay & Zak)
Facts
Jesus Herrera, Juan Fierros, Fabian Cereno, Araceli Cespedes, Feliciana Herrea, Roberto Canche, Maria Canche, Juan Canche, Elsa Canche, Cynthia Canche, and minors Stephanie Herrera, Jesus Herrera Jr., Stacy Herrera, Melanie Cereno, Edrei Canche, and Leilani Carreon, by and through their respective guardians ad litem, sued Seth Schwartz and Wells Fargo Bank NA, in connection with the conditions of the apartment building they occupied.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs lived in an apartment building located in Los Angeles. Defendants were allegedly the current and former owners of the building who failed to maintain the premises free from rodent, bed bugs, cockroach, and other vermin infestation. Defendants also allegedly failed to maintain required safety equipment such as fire extinguishers and fire hoses. Plaintiffs asserted causes of action for breach of implied warranty of habitability, breach of statutory warranty of habitability, breach of the covenant of quiet enjoyment, negligence, violation of Civil Code Sections 1942.4 and 1942.5, unlawful entry, and unfair business practices under Business and Professions Code Sections 17200 et seq.
DEFENDANTS' CONTENTIONS:
Wells Fargo demurred, challenging the sufficiency of plaintiffs' allegations. Defendant also claimed that the complaint was filed more than three and a half years after the company had last owned the building. Defendant asserted a statute of limitations of defense as to several of plaintiffs' allegations.
Result
The court sustained Wells Fargo's demurrer with leave to amend.
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