This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Implied Warranty
Breach of the Covenant of Quiet Enjoyment

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)

Shannon C. Williams

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.


#87140

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390