Case Number: 12K15654    Hearing Date: July 24, 2014    Dept: 77

Defendant Pinnacle Family of Companies’ Demurrer to the Second Amended Complaint is SUSTAINED. CCP § 430.10(e).

Special demurrers are not allowed in limited jurisdiction courts. CCP § 92(c). As such, only the general ground for demurrer will be addressed by the court. CCP §§ 128 and 430.10(e).

As to the second cause of action for breach of covenant of good faith and fair dealing, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. The allegations as stated do not support the cause of action that defendant breached the covenant of good faith and fair dealing.

As to the third cause of action for implied warranty of habitability, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a cause of action. There are insufficient facts stated to show that defendant had knowledge of the allegedly defective drain stopper. Nor are there any allegations that defendant notified defendant of the allegedly defective drain stopper or that reasonable, ordinary care would reveal to defendant the existence of the defective stopper.

As to the fourth cause of action for violation of CC § 1942.5, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. Plaintiff has not alleged that he was not in default on his rent payments. Further, there are no allegations that plaintiff had a lawful basis for nonpayment of rent.

As to the fifth cause of action for violation of CCP § 1162(3), the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. Plaintiff has alleged improper service of the three day notice. This is an affirmative defense, not a cause of action.

As to the seventh cause of action for violation of B&P § 17200, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. The complaint does not state with reasonable particularity the facts supporting the elements of the violation.

As to the eighth cause of action for violation of the Cartwright Act, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. The complaint does not state facts supporting the elements of the violation against defendant.

As to the ninth cause of action for intentional infliction of emotional distress, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. Plaintiff has not alleged facts that satisfy the extreme and outrageous standard.

As to the tenth cause of action for negligent infliction of emotional distress, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. Plaintiff has not adequately alleged a causal connection between defendant’s conduct and any alleged emotional distress that plaintiff suffered.

As to the twelfth cause of action for Intentional Misrepresentation, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. There are insufficient allegations that defendant intended to defraud plaintiff.

As to the thirteenth cause of action for Negligent Misrepresentation, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. There are insufficient allegations that defendant made statements with reckless disregard for the truth.

As to the fourteenth cause of action for Concealment, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. There are insufficient allegations that defendant concealed a material fact and intended to defraud plaintiff.

As to the fifteenth cause of action for False Promise, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. There are insufficient allegations that defendant made a false promise to plaintiff.

As to the sixteenth cause of action for Unjust Enrichment, the demurrer is sustained. CCP § 430.10(e). Insufficient facts are set forth in the Second Amended Complaint to constitute a claim. Plaintiff has not alleged sufficient facts to show a benefit conferred on defendant by plaintiff.

Leave to amend is granted in part. Leave to amend must be allowed where there is a reasonable possibility of successful amendment. Goodman v. Kennedy (1976) 18 Cal.3d 335, 348. The burden is on the complainant to show the Court that a pleading can be amended successfully. Here, plaintiff has filed an opposition to this demurrer. The court finds that leave to amend should be granted as to the claims for breach of covenant of good faith and fair dealing, breach of implied warranty of habitability, and retaliatory eviction (second, third and fourth C/As). The moving party did not demur to the first, sixth, and eleventh cause of actions. Otherwise, as to remaining causes of action, the demurrer is sustained without leave to amend.

Plaintiff to file an amended complaint within 20 days.

Defendant Pinnacle Family of Companies’ Motion to Strike Portions of the Second Amended Complaint is OFF CALENDAR AS MOOT in light of the Court’s ruling on the demurrer. CCP § 128.

Moving party to give notice.