Preview
1 Christofer R. Chapman, Esq. Bar # 153186
2 Jason B. Friedman, Esq. Bar # 216178
Roy Diaz, Esq. Bar # 304819
3 FRIEDMAN & CHAPMAN, LLP
1342 Coronado Ave.,
4
Long Beach, CA 90804
5 562-888-4151 Telephone; 562-436-9415 Facsimile
chris@fc-lawfirm.com jason@fc-lawfirm.com roy@fc-lawfirm.com
6
7 Attorneys for all Plaintiffs,
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF LOS ANGELES, CENTRAL DISTRICT
10
JORGE PULIDO, an individual; ISAURA No.
11 ALVAREZ, an individual; JORGE R.
PULIDO, a minor by and through his Guardian Judge:
12 ad Litem, ISAURA ALVAREZ; ADRIAN J.
PULIDO, a minor by and through his Guardian Dept.:
13 ad Litem, ISAURA ALVAREZ;
COMPLAINT FOR:
14 Plaintiffs,
1) BREACH OF IMPLIED
15 v. WARRANTY OF HABITABILITY
2) BREACH OF STATUTORY
16 GROUP X ROSEMEAD PROPERTIES LP, a WARRANTY OF HABITABILITY
limited partnership; and DOES 1 through 50, 3) BREACH OF THE COVENANT OF
17 inclusive; QUIET ENJOYMENT
4) NEGLIGENCE
18 Defendants. 5) VIOLATION OF CIVIL CODE
SECTION 1942.4
19 6) PRIVATE NUISANCE
7) VIOLATION OF UNFAIR
20 COMPETITION LAW (BUS. &
PROF. C. §§ 17200-09)
21
DEMAND FOR JURY TRIAL
22
Plaintiffs individually and collectively allege against the Defendant as follows:
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1. Defendant GROUP X ROSEMEAD PROPERTIES LP, a limited partnership,
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since on or about May 30, 2006, and to the present, was the owner and manager of an apartment
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building with APN 6374-001-001 located at 4622 Rosemead Blvd, Pico Rivera, CA 90660-2069
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herein after “apartment building.”
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1
COMPLAINT
1 2. JORGE PULIDO, an individual; ISAURA ALVAREZ, an individual; JORGE R.
2 PULIDO, a minor by and through his Guardian ad Litem, ISAURA ALVAREZ; ADRIAN J.
3 PULIDO, a minor by and through his Guardian ad Litem, ISAURA ALVAREZ; hereinafter
4 “Plaintiffs”, are individuals who are now or have been tenants subject to a lease in the apartment
5 building at various relevant times as alleged herein during the last four years. At all times relevant
6 herein, Plaintiffs resided in Unit 34 of the apartment building. Plaintiffs may not have been
7 provided a copy of the written lease agreement. However, the basic terms are that Plaintiffs agreed
8 to pay rent and abide by lawful tenant obligations in exchange for Defendant allowing possession
9 of the unit in the apartment building and abide by lawful landlord obligations. Upon information
10 and belief, the Defendant is in possession of each of the lease agreements.
11 3. Plaintiffs are informed and believe, and on that basis allege that the Defendant
12 resides in and does business in the State of California, County of Los Angeles and City of Pico
13 Rivera. Plaintiffs are informed and believe that the Defendant is a legal resident of this State.
14 Plaintiffs are informed and believe that the Defendant has been the owner and manager of the
15 building, and has exercised real or apparent authority regarding it, and has been legally responsible
16 for maintaining the building in a lawful and habitable condition but failed to do so.
17 4. The true names and capacities of Defendants sued as Does 1 through 50 are
18 unknown to the Plaintiffs, and each of them, at this time. Plaintiffs, and each of them, therefore, sue
19 said Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege the true
20 names and capacities of Does 1 through 50 when ascertained. Nevertheless, Plaintiffs, and each of
21 them, are informed and believe, and based thereon allege, that each of the Doe Defendants, jointly
22 and severally, are in some manner responsible for all or some of the damages alleged herein. Any
23 reference made to the “Landlord” or to the “Defendants” includes Does 1 through 50, inclusive.
24 5. Plaintiffs are informed and believe, and thereon alleged, that each Defendant was the
25 employee, agent, servant, partner, trustee, beneficiary, executor, fictitious business name,
26 administrator, member, shareholder, alter ego, and/or joint venturer of each of the remaining
27 Defendants and was acting within the scope of said employment, agency, trust relationship,
28 beneficiary status, service, partnership, membership, fictitious business name, and/or joint venture.
2
COMPLAINT
1 Plaintiffs are further informed and believe that each act on the part of each Defendant was
2 substantially ratified by each of the remaining Defendants.
3 FIRST CAUSE OF ACTION: BREACH OF WARRANTY OF HABITABILITY
4 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS)
5 6. Plaintiffs re-allege and incorporate by reference, every allegation contained in the
6 preceding paragraphs of this Complaint as through fully set forth herein.
7 7. By virtue of the landlord/tenant relationship, and/or residential lease contract
8 between Plaintiffs and Defendant, Defendant owed Plaintiffs the duty to comply with building, fire,
9 health and safety codes, ordinances, regulation and other laws and to maintain the premises in a
10 habitable condition.
11 8. Defendant breached this duty and the implied warranty of habitability by failing to
12 correct the substandard conditions, which include but are not limited to, garbage disposal
13 deficiencies; electrical deficiencies; plumbing deficiencies; lack of hot water; water leaks; water
14 damaged ceilings, floors and walls containing mold and mildew; rodent infestations; insect
15 infestations; pest infestations; security and safety deficiencies; storage deficiencies; refuse disposal
16 deficiencies; and loss of use of the premises for various periods of times throughout their
17 ownership.
18 9. Specifically, the deficiencies in the apartment building include, but are not limited to
19 the failure to:
20 a. Maintain the building from cockroaches, flea, mite, bedbug, or other vermin
21 infestation. Seal all cracks and crevices to eliminate cockroach and other vermin
22 harborages as required by Health and Safety Code §17920.3(J) and other
23 applicable laws.
24 b. Provide and maintain approved screening (16 mesh or smaller) set in tight-fitting
25 frames to all operable windows, and to all other openings in the exterior walls of
26 buildings as required by California Civil Code §1941.1 and other applicable laws.
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COMPLAINT
1 c. Maintain all bathrooms, toilet rooms and their fixtures in good repair and free from
2 corrosion as required by the California Building Standards Codes §§407.1 and
3 407.2.
4 d. Maintain the counters/drain boards for kitchen sinks, bathroom lavatories, and
5 adjacent wall and/or floor surfaces in a manner to prevent water damages, and/or
6 in a clean and sanitary condition and free from dirty or foreign materials. Health
7 and Safety Code § 17920.3(a)(13).
8 e. Maintain all exits, hallways, corridors and stairways with required lighting.
9 f. Provide and maintain required Smoke Detectors as required by the California
10 Building Standards Code §§907.2.3.6.1 and 907.2.3.9.2 and all other applicable
11 laws.
12 g. Replace broken smoke detectors as required by the California Building Standards
13 Code §907.2.3.92 and all other applicable laws.
14 h. Maintain all doors, door frames and cabinet doors in good repair as required by the
15 Health and Safety Code §17920.3(a)(13).
16 i. Maintain all windows and window sashes in good repair as required by California
17 Civil Code §1941.1 and all other applicable laws.
18 j. Maintain all electrical equipment, including the service panel, subpanels, conduits,
19 wiring, switches, outlets, fixtures in good repair Health and Safety
20 Code§17920.33(d) .
21 k. Maintain or install approved hard-wired Smoke Detectors at the required locations
22 California Building Standards Code §907.2.3. c.i.
23 l. Maintain all electrical switches, receptacles and other outlets with protective plates
24 as required by the National Electrical Code 370-15 and other applicable laws.
25 m. Maintain all electrical outlets in bathrooms, and all electrical outlets in kitchens
26 located within 6 feet of sinks, with ground fault interruption protection as required
27 by the National Electrical Code 210-8 and other applicable laws.
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COMPLAINT
1 n. Maintain all plumbing lines and plumbing fixtures free from defects. Correct any
2 loose, leaky, clogged or otherwise faulty toilets, faucets, sinks, showers, bathtubs
3 and plumbing lines as required by the Uniform Plumbing Code, §§302; 801; 907,
4 the California Building Standards Codes §§407.2 and 407.3 and other applicable
5 laws.
6 o. Maintain enamel surfaces on sinks and bathtubs in good repair as required by the
7 Uniform Plumbing Code §901 and other applicable laws.
8 p. Maintain the wall areas adjacent to sinks, showers, and bathtubs in good repair as
9 required by the Health and Safety Code §17920.3.c and all other applicable laws.
10 q. Always provide and maintain the required central or individual room heating
11 appliance in good repair and operable at all times as required by the Health &
12 Safety Code Section 17920.3a.6 and other applicable laws.
13 r. Maintain the required mechanical or natural bathroom ventilation as required by
14 Health & Safety Code Section 17920.3c and other applicable laws.
15 s. Maintain the required appliance venting system in a good and safe condition, and
16 in conformance with applicable laws at the time of insulation as required by
17 Health & Safety Code Section 17920.3.c.
18 10. At all relevant times, up to and including the present, the buildings, and each of
19 them, have not been, and are not habitable or tenantable and, therefore, have a lesser rental value
20 than that which has been demanded. At all relevant times, Plaintiffs nonetheless paid full or partial
21 rent to the Defendant, or where legally excused from paying any or a portion of such rent to the
22 Defendant, due to each building’s uninhabitable condition. Plaintiffs notified Defendant of the
23 uninhabitable conditions, or the conditions were obvious to Defendant upon reasonable inspection,
24 but the Defendant failed to respond or adequately respond in a reasonable amount of time.
25 11. Defendant knew, or reasonably should have known, that Plaintiffs would suffer
26 damages because of this breach. Plaintiffs have been damaged by Defendant's conduct and are
27 entitled to compensatory damages in an amount to be proven at the time of trial. Defendant was put
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COMPLAINT
1 on notice of the uninhabitable condition by Plaintiffs, Defendant’s employees and agents, and
2 public entities.
3 12. As a direct and proximate result of the Defendant's conduct, Plaintiffs have suffered
4 and will continue to suffer, illness, physical injury, mental stress, emotional distress, discomfort,
5 annoyance, anxiety, loss in the value of his/her leasehold, property damage, out of pocket costs,
6 medical expenses, loss of use, lost income, and loss of earning capacity, all to Plaintiffs’ damage in
7 an amount to be determined at trial, but which amount is within the jurisdictional requirements of
8 the Court.
9 SECOND CAUSE OF ACTION: BREACH OF STATUTORY
10 WARRANTY OF HABITABILITY
11 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS)
12 13. Plaintiffs re-allege and incorporate by reference every allegation contained in the
13 preceding paragraphs of this Complaint, as though fully set forth herein.
14 14. As explained in the more detailed factual allegations set forth in this Complaint, the
15 Defendants have breached the warranty of habitability established by Section 1941 of the Civil
16 Code by failing to ensure that the building is in a condition that meets the requirements of Section
17 1941.1 of the Civil Code and Section 17920.3 of the Health and Safety Code. Examples of these
18 violations, of which Defendants were, or should have been aware, are more fully set forth in
19 paragraph 9 herein and incorporated herein by reference as though fully set forth.
20 15. The Defendant owner of the building was always in control of and responsible for
21 the maintenance of the building. Defendant negligently maintained the apartment building and
22 failed to institute a regular building maintenance review process for the building or otherwise
23 timely effectuate maintenance and repairs to the same.
24 16. The Defendant's repeated breaches of the warranty of habitability reduced the value
25 of all tenancies, caused personal bodily injuries to the inhabitants, and caused Plaintiffs to feel the
26 natural anxiety that an ordinary person feels under the relatively uniform unhealthy and unsafe
27 conditions.
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COMPLAINT
1 17. The failure of the Defendant to fulfill the statutory obligations described in this
2 Complaint was initially merely negligent, but after repeated notice, both actual and constructive,
3 the Defendant's failure to comply with the relevant habitability statutes can be interpreted as
4 reckless or intentional refusal to comply with obligations imposed by statutes. This refusal to
5 maintain the property is the sort of malicious action that justifies an award of treble damages or
6 other statutory or common law damages.
7 THIRD CAUSE OF ACTION: BREACH OF THE COVENANT
8 OF QUIET ENJOYMENT
9 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS)
10 18. Plaintiffs re-allege and incorporate by reference every allegation contained in the
11 preceding paragraphs of this Complaint, as though set forth in full herein.
12 19. Plaintiffs held a leasehold interest in and have been tenants of the property while the
13 Defendant owned and managed the property.
14 20. Implied in the rental agreement in California, oral and written, is a covenant that the
15 landlord will not interfere with the tenants’ quiet enjoyment of the premises during their tenancy.
16 21. Defendant has a duty to abide by the implied covenant of quiet enjoyment.
17 Defendant breached this duty and the implied covenant by their conduct as described above,
18 including, but not limited to, implement a regular maintenance review and inspection process;
19 failing to repair unsafe, unsanitary, and uninhabitable conditions at the premises; and failing to
20 maintain the premises in a habitable condition.
21 22. Defendant knew, or reasonably should have known, that Plaintiffs would suffer
22 damage because of this breach. Defendant received complaints regarding uninhabitable conditions
23 by Plaintiffs and various governmental agencies, including City agencies. Despite this knowledge
24 they negligently failed to remedy the problems with the property.
25 23. As a direct and proximate result of Defendant's breach of the covenant of quiet
26 enjoyment, the value of the leasehold held by each Plaintiff has been diminished. Consequently,
27 each Plaintiff was damaged in an amount equal to the rental payments due and paid during each
28 leasehold or in an amount to be proven at trial.
7
COMPLAINT
1 24. As a direct and proximate result of Defendant's breach, Plaintiffs have suffered
2 and/or continue to suffer illness, physical injury, mental stress, emotional distress, discomfort,
3 annoyance, anxiety, loss of value of his/her leasehold, property damage, loss of use (including but
4 not limited to lack of water, heat, bed bugs, forced stays out of the apartment, etc.), constructive
5 eviction, and lost income, all to Plaintiffs’ detriment in an amount to be determined at trial, but
6 which amount is within the jurisdictional requirements of this Court.
7 FOURTH CAUSE OF ACTION: NEGLIGENCE
8 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
9 25. Plaintiffs re-allege and incorporate by reference, every allegation contained in the
10 preceding paragraphs of this Complaint as though set forth herein.
11 26. As landowners and/or managers of land, Defendant owed a duty of care under
12 common law and Civil Code section 1714 to exercise due care in management of the property so as
13 to avoid foreseeable injury to others. This due care required Defendant to comply with all building,
14 health, fire and safety codes, ordinances, regulations, and other laws applying to maintenance and
15 operation of residential rental housing. To the extent that Defendant violated ordinances, codes, and
16 other laws, including but not limited to those identified in paragraph 9 above, the violations
17 constitute negligence per se. This obligation of the owner also includes the obligation to properly
18 maintain the apartment building and to timely and competently effectuate repairs or pest
19 eradication when required. Plaintiffs, and each of them, were harmed because of the way that
20 Defendant mis-managed the property that Defendant owned and rented to the Plaintiffs. Defendant
21 was negligent in the use or maintenance of the property. Each Plaintiff rented from the Defendant
22 and was and continues to be harmed by Defendant's negligent conduct. Defendant's conduct is a
23 substantial factor in causing Plaintiffs' harm.
24 27. Defendant breached their common law and statutory duties of due care by failing to
25 institute a regular maintenance process; correct the substandard conditions complained of herein;
26 and failing to supervise their agents and employees who operated and maintained the building.
27 Defendant knew, or reasonably should have known, that Plaintiffs would be injured because of this
28 breach of common law and statutory duties of due care.
8
COMPLAINT
1 28. As a direct and proximate result of Defendant's negligent maintenance of the
2 premises, the value of the leasehold held by Plaintiffs, and each of them, is diminished.
3 Consequently, Plaintiffs have been damaged in an amount to be proven at trial.
4 29. As a further direct and proximate result of the conduct of Defendant, Plaintiffs have
5 suffered and continue to suffer illness, physical injury, mental stress, emotional distress, anxiety,
6 annoyance and discomfort, property damage, and lost income, all to Plaintiffs’ damage in an
7 amount to be proven at trial, but within the jurisdictional requirements of this Court.
8 FIFTH CAUSE OF ACTION: VIOLATION OF CIVIL CODE
9 SECTION 1942.4
10 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS)
11 30. Plaintiffs re-allege and incorporate by reference every allegation contained in the
12 preceding paragraphs of this Complaint as though set forth herein.
13 31. Plaintiffs are informed and believe, and herein allege, that Defendants violated Civil
14 Code section 1942.4 by demanding rent, collecting rent, issuing a notice of a rent increase and/or
15 issuing a three-day notice to pay rent or quit after not correcting conditions cited by government
16 housing enforcement agencies within 35 days of issuance of the citation, including but not limited
17 to, the following:
18 a. A Housing Official Inspection Report for Case No. PR0119705 issued by the County of
19 Los Angeles Department of Public Health on July 28, 2022.
20 b. An Official Inspection Report for Case No. PR0119705 issued by the County of Los
21 Angeles Department of Public Health on August 9, 2022.
22 c. An Official Inspection Report for Case No. PR0119705 issued by the County of Los
23 Angeles Department of Public Health on October 5, 2022.
24 d. A Housing Official Inspection Report for Case No. PR0119705 issued by the County of
25 Los Angeles Department of Public Health on November 9, 2022.
26 e. An Official Inspection Report for Case No. PR0119705 issued by the County of Los
27 Angeles Department of Public Health on January 9, 2022.
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COMPLAINT
1 f. A Courtesy Notice to Abate for Case No. CO0366198 issued by the County of Los
2 Angeles Department of Public Health on April 5, 2023.
3 g. A Courtesy Notice to Abate for Case No. CO0385903 issued by the County of Los
4 Angeles Department of Public Health on August 14, 2023.
5 32. Plaintiffs are informed and believe, and herein allege, that said violations of Civil
6 Code sections 1942.4 occurred during the last four years and are continuing. Plaintiffs as rent
7 paying tenants asserted their rights by complaining of the uninhabitable conditions each were living
8 in, but Defendant failed to timely and adequately make corrections.
9 33. Plaintiffs have been damaged by Defendants’ conduct in an amount to be proven at
10 trial. Plaintiff is entitled to the rent abatement in an amount to be proven at trial, and pursuant to
11 Civil Code section 1942.4(b), Plaintiffs are entitled to actual damages and special damages in an
12 amount to be determined at trial. Each Plaintiff has been damaged by Defendants’ conduct in an
13 amount equal to rents paid by each Plaintiff during the time Defendant violated Civil Code section
14 1942.4 in an amount to be proven at trial. Finally, pursuant to Civil Code section 1942.4(b), each
15 Plaintiff is entitled to actual damages sustained and special damages in an amount not less than
16 $100.00 nor more than $5,000.00, as well as reasonable attorney’s fees and costs in an amount
17 fixed by the Court.
18 SIXTH CAUSE OF ACTION: PRIVATE NUISANCE
19 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS)
20 34. Plaintiffs re-allege and incorporate by reference every allegation contained in the
21 preceding paragraphs of this Complaint as though set forth herein.
22 35. The conditions of the Subject Property that the Defendant caused constitute a private
23 nuisance within, but not limited to the meaning of Civil Code §3479 because the defective
24 conditions were injurious to the health and safety of Plaintiffs, indecent and offensive to the
25 Plaintiffs and interfered substantially with their comfortable enjoyment of the Subject Property.
26 36. These conditions constituted substantial and unreasonable interference with the
27 Plaintiffs’ private use and enjoyment of the property.
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COMPLAINT
1 37. As a direct and proximate result of the private nuisance, the Plaintiffs sustained
2 general, special and property damage in amounts to be determined at trial.
3 SEVENTH CAUSE OF ACTION FOR VIOLATION OF BUSINESS AND
4 PROFESSIONS CODE SECTION 17200
5 (BY ALL ADULT PLAINTIFFS AGAINST ALL DEFENDANTS)
6 38. Plaintiffs re-allege and incorporate by reference every allegation contained in the
7 preceding paragraphs of this Complaint as though set forth herein.
8 39. Business & Professions Code section 17204 allows any person who has suffered an
9 injury in fact to prosecute a civil action for violation of the Unfair Competition Law.
10 40. At all times herein relevant, the Defendant was conducting business under the laws
11 of the State of California, the County of Los Angeles, and the City of Pico Rivera. Defendant was
12 obligated to comply with the laws of the State of California, the County of Los Angeles, and the
13 City of Pico Rivera.
14 41. Plaintiffs are informed and believe and thereon allege that it is the regular practice of
15 the Defendant to intentionally disregard the rights of tenants and violate applicable laws relating to
16 tenancies in their buildings in ways that include, but are not limited to, failing to provide quiet
17 enjoyment, failing to abate nuisances, and allowing the defects identified herein to continue to exist
18 in contravention of habitability laws.
19 42. Defendant thereby committed unlawful, unfair, and fraudulent business acts and
20 practices as defined by Business & Professions Code section 17200. By committing the acts and
21 omissions complained of above, the Defendant engaged in unfair business practices in that they
22 violate provisions of state and local laws for the management of real property, including but not
23 limited to Civil Code sections 1714, 1940.2, 1941 et seq., 1942.4, 1714, 3479 et seq., Health and
24 Safety Code sections 17910 et seq., and applicable City of Pico Rivera and County of Los Angeles
25 Building and Housing Codes and Ordinances. Defendant engaged in unfair competition by
26 charging market rents while failing to maintain the rental units in a habitable condition while the
27 competitors of the Defendant charged market rents and at the same time expended sums to
28 maintain their rental units in a habitable condition.
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COMPLAINT
1
43. As a direct and proximate result of these acts and omissions, the Defendant has
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received and continues to hold ill-gotten gains belonging to Plaintiffs. As a direct and proximate
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result of the Defendant’s unlawful business practices, Plaintiffs have suffered economic injuries
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including but not limited to damaged or lost personal property due to insect and vermin infestation,
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and mold and water damage. Defendant has profited from their unlawful, unfair, and fraudulent
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acts and practices by receiving full rental compensation without paying Plaintiffs and each of them
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for the damages each has incurred.
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44. The adult Plaintiffs are entitled to restitution pursuant to Business & Professions
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Code sections 17203 and 17208 for money acquired by the Defendant by means of their unfair
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business practices, in amounts not yet ascertained but to be ascertained at trial, including all rents
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unlawfully received and retained by the Defendant and interest. The adult Plaintiffs are entitled to
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restitution for personal property lost or damaged due to insect, vermin, or mold infestation as well
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as water damage to items including but not limited to, furniture, clothing, bedding, appliances, and
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other property, in an amount to be determined at the time of trial.
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45. Plaintiffs’ success in this action will enforce important rights affecting the public
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interest. Plaintiffs sue on behalf of the public as well as on behalf of themselves. Plaintiffs seek and
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are entitled to reimbursement of unpaid compensation, restitution, declaratory relief, and any other
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appropriate remedy.
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WHEREFORE,
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1. For each Cause of Action alleged herein, Plaintiffs pray for:
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a. All medical specials incurred as the result of the acts of Defendants as alleged
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herein in an amount to be proven at the time trial;
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b. Damages, out of pocket costs, and/or loss to personal property in an amount
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to be proven at the time of trial;
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c. Loss of earnings and/or earning capacity;
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d. Emotional distress and mental suffering;
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e. For general bodily injury damages;
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COMPLAINT
1 2. For pre- and post-judgment interest, pursuant to Civil Code sections 3288 and 3291.
2 3. For reasonable attorney’s fees and costs, including, but not limited to those awarded
3 pursuant to contract and Section 1942.4 and 1942.5 of the Civil Code.
4 4. For special damages of not less than $100 and not more than $5,000 per violation of
5 Section 1942.4 of the Civil Code;
6 5. For restitution pursuant to Business & Professions Code Section 17200 et. seq.;
7 6. Costs of suit; and
8 7. For any further relief, the Court deems appropriate and just.
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11 Dated: May 9, 2024 FRIEDMAN & CHAPMAN
12
13 By: _________________________
14 CHRISTOFER CHAPMAN
JASON B. FRIEDMAN
15 ROY DIAZ
Attorneys for all Plaintiffs Named
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COMPLAINT
1 DEMAND FOR JURY TRIAL
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Plaintiffs herein demand a trial by jury as to all claims and causes of action.
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4 Dated: May 9, 2024 FRIEDMAN & CHAPMAN
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By: _________________________
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CHRISTOFER CHAPMAN
7 JASON B. FRIEDMAN
ROY DIAZ
8 Attorneys for all Plaintiffs Named
9 Herein
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COMPLAINT
Preview
1 Christofer R. Chapman, Esq. Bar # 153186 2 Jason B. Friedman, Esq. Bar # 216178 Roy Diaz, Esq. Bar # 304819 3 FRIEDMAN & CHAPMAN, LLP 1342 Coronado Ave., 4 Long Beach, CA 90804 5 562-888-4151 Telephone; 562-436-9415 Facsimile chris@fc-lawfirm.com jason@fc-lawfirm.com roy@fc-lawfirm.com 6 7 Attorneys for all Plaintiffs, 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 10 JORGE PULIDO, an individual; ISAURA No. 11 ALVAREZ, an individual; JORGE R. PULIDO, a minor by and through his Guardian Judge: 12 ad Litem, ISAURA ALVAREZ; ADRIAN J. PULIDO, a minor by and through his Guardian Dept.: 13 ad Litem, ISAURA ALVAREZ; COMPLAINT FOR: 14 Plaintiffs, 1) BREACH OF IMPLIED 15 v. WARRANTY OF HABITABILITY 2) BREACH OF STATUTORY 16 GROUP X ROSEMEAD PROPERTIES LP, a WARRANTY OF HABITABILITY limited partnership; and DOES 1 through 50, 3) BREACH OF THE COVENANT OF 17 inclusive; QUIET ENJOYMENT 4) NEGLIGENCE 18 Defendants. 5) VIOLATION OF CIVIL CODE SECTION 1942.4 19 6) PRIVATE NUISANCE 7) VIOLATION OF UNFAIR 20 COMPETITION LAW (BUS. & PROF. C. §§ 17200-09) 21 DEMAND FOR JURY TRIAL 22 Plaintiffs individually and collectively allege against the Defendant as follows: 23 1. Defendant GROUP X ROSEMEAD PROPERTIES LP, a limited partnership, 24 since on or about May 30, 2006, and to the present, was the owner and manager of an apartment 25 building with APN 6374-001-001 located at 4622 Rosemead Blvd, Pico Rivera, CA 90660-2069 26 herein after “apartment building.” 27 28 1 COMPLAINT 1 2. JORGE PULIDO, an individual; ISAURA ALVAREZ, an individual; JORGE R. 2 PULIDO, a minor by and through his Guardian ad Litem, ISAURA ALVAREZ; ADRIAN J. 3 PULIDO, a minor by and through his Guardian ad Litem, ISAURA ALVAREZ; hereinafter 4 “Plaintiffs”, are individuals who are now or have been tenants subject to a lease in the apartment 5 building at various relevant times as alleged herein during the last four years. At all times relevant 6 herein, Plaintiffs resided in Unit 34 of the apartment building. Plaintiffs may not have been 7 provided a copy of the written lease agreement. However, the basic terms are that Plaintiffs agreed 8 to pay rent and abide by lawful tenant obligations in exchange for Defendant allowing possession 9 of the unit in the apartment building and abide by lawful landlord obligations. Upon information 10 and belief, the Defendant is in possession of each of the lease agreements. 11 3. Plaintiffs are informed and believe, and on that basis allege that the Defendant 12 resides in and does business in the State of California, County of Los Angeles and City of Pico 13 Rivera. Plaintiffs are informed and believe that the Defendant is a legal resident of this State. 14 Plaintiffs are informed and believe that the Defendant has been the owner and manager of the 15 building, and has exercised real or apparent authority regarding it, and has been legally responsible 16 for maintaining the building in a lawful and habitable condition but failed to do so. 17 4. The true names and capacities of Defendants sued as Does 1 through 50 are 18 unknown to the Plaintiffs, and each of them, at this time. Plaintiffs, and each of them, therefore, sue 19 said Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege the true 20 names and capacities of Does 1 through 50 when ascertained. Nevertheless, Plaintiffs, and each of 21 them, are informed and believe, and based thereon allege, that each of the Doe Defendants, jointly 22 and severally, are in some manner responsible for all or some of the damages alleged herein. Any 23 reference made to the “Landlord” or to the “Defendants” includes Does 1 through 50, inclusive. 24 5. Plaintiffs are informed and believe, and thereon alleged, that each Defendant was the 25 employee, agent, servant, partner, trustee, beneficiary, executor, fictitious business name, 26 administrator, member, shareholder, alter ego, and/or joint venturer of each of the remaining 27 Defendants and was acting within the scope of said employment, agency, trust relationship, 28 beneficiary status, service, partnership, membership, fictitious business name, and/or joint venture. 2 COMPLAINT 1 Plaintiffs are further informed and believe that each act on the part of each Defendant was 2 substantially ratified by each of the remaining Defendants. 3 FIRST CAUSE OF ACTION: BREACH OF WARRANTY OF HABITABILITY 4 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS) 5 6. Plaintiffs re-allege and incorporate by reference, every allegation contained in the 6 preceding paragraphs of this Complaint as through fully set forth herein. 7 7. By virtue of the landlord/tenant relationship, and/or residential lease contract 8 between Plaintiffs and Defendant, Defendant owed Plaintiffs the duty to comply with building, fire, 9 health and safety codes, ordinances, regulation and other laws and to maintain the premises in a 10 habitable condition. 11 8. Defendant breached this duty and the implied warranty of habitability by failing to 12 correct the substandard conditions, which include but are not limited to, garbage disposal 13 deficiencies; electrical deficiencies; plumbing deficiencies; lack of hot water; water leaks; water 14 damaged ceilings, floors and walls containing mold and mildew; rodent infestations; insect 15 infestations; pest infestations; security and safety deficiencies; storage deficiencies; refuse disposal 16 deficiencies; and loss of use of the premises for various periods of times throughout their 17 ownership. 18 9. Specifically, the deficiencies in the apartment building include, but are not limited to 19 the failure to: 20 a. Maintain the building from cockroaches, flea, mite, bedbug, or other vermin 21 infestation. Seal all cracks and crevices to eliminate cockroach and other vermin 22 harborages as required by Health and Safety Code §17920.3(J) and other 23 applicable laws. 24 b. Provide and maintain approved screening (16 mesh or smaller) set in tight-fitting 25 frames to all operable windows, and to all other openings in the exterior walls of 26 buildings as required by California Civil Code §1941.1 and other applicable laws. 27 28 3 COMPLAINT 1 c. Maintain all bathrooms, toilet rooms and their fixtures in good repair and free from 2 corrosion as required by the California Building Standards Codes §§407.1 and 3 407.2. 4 d. Maintain the counters/drain boards for kitchen sinks, bathroom lavatories, and 5 adjacent wall and/or floor surfaces in a manner to prevent water damages, and/or 6 in a clean and sanitary condition and free from dirty or foreign materials. Health 7 and Safety Code § 17920.3(a)(13). 8 e. Maintain all exits, hallways, corridors and stairways with required lighting. 9 f. Provide and maintain required Smoke Detectors as required by the California 10 Building Standards Code §§907.2.3.6.1 and 907.2.3.9.2 and all other applicable 11 laws. 12 g. Replace broken smoke detectors as required by the California Building Standards 13 Code §907.2.3.92 and all other applicable laws. 14 h. Maintain all doors, door frames and cabinet doors in good repair as required by the 15 Health and Safety Code §17920.3(a)(13). 16 i. Maintain all windows and window sashes in good repair as required by California 17 Civil Code §1941.1 and all other applicable laws. 18 j. Maintain all electrical equipment, including the service panel, subpanels, conduits, 19 wiring, switches, outlets, fixtures in good repair Health and Safety 20 Code§17920.33(d) . 21 k. Maintain or install approved hard-wired Smoke Detectors at the required locations 22 California Building Standards Code §907.2.3. c.i. 23 l. Maintain all electrical switches, receptacles and other outlets with protective plates 24 as required by the National Electrical Code 370-15 and other applicable laws. 25 m. Maintain all electrical outlets in bathrooms, and all electrical outlets in kitchens 26 located within 6 feet of sinks, with ground fault interruption protection as required 27 by the National Electrical Code 210-8 and other applicable laws. 28 4 COMPLAINT 1 n. Maintain all plumbing lines and plumbing fixtures free from defects. Correct any 2 loose, leaky, clogged or otherwise faulty toilets, faucets, sinks, showers, bathtubs 3 and plumbing lines as required by the Uniform Plumbing Code, §§302; 801; 907, 4 the California Building Standards Codes §§407.2 and 407.3 and other applicable 5 laws. 6 o. Maintain enamel surfaces on sinks and bathtubs in good repair as required by the 7 Uniform Plumbing Code §901 and other applicable laws. 8 p. Maintain the wall areas adjacent to sinks, showers, and bathtubs in good repair as 9 required by the Health and Safety Code §17920.3.c and all other applicable laws. 10 q. Always provide and maintain the required central or individual room heating 11 appliance in good repair and operable at all times as required by the Health & 12 Safety Code Section 17920.3a.6 and other applicable laws. 13 r. Maintain the required mechanical or natural bathroom ventilation as required by 14 Health & Safety Code Section 17920.3c and other applicable laws. 15 s. Maintain the required appliance venting system in a good and safe condition, and 16 in conformance with applicable laws at the time of insulation as required by 17 Health & Safety Code Section 17920.3.c. 18 10. At all relevant times, up to and including the present, the buildings, and each of 19 them, have not been, and are not habitable or tenantable and, therefore, have a lesser rental value 20 than that which has been demanded. At all relevant times, Plaintiffs nonetheless paid full or partial 21 rent to the Defendant, or where legally excused from paying any or a portion of such rent to the 22 Defendant, due to each building’s uninhabitable condition. Plaintiffs notified Defendant of the 23 uninhabitable conditions, or the conditions were obvious to Defendant upon reasonable inspection, 24 but the Defendant failed to respond or adequately respond in a reasonable amount of time. 25 11. Defendant knew, or reasonably should have known, that Plaintiffs would suffer 26 damages because of this breach. Plaintiffs have been damaged by Defendant's conduct and are 27 entitled to compensatory damages in an amount to be proven at the time of trial. Defendant was put 28 5 COMPLAINT 1 on notice of the uninhabitable condition by Plaintiffs, Defendant’s employees and agents, and 2 public entities. 3 12. As a direct and proximate result of the Defendant's conduct, Plaintiffs have suffered 4 and will continue to suffer, illness, physical injury, mental stress, emotional distress, discomfort, 5 annoyance, anxiety, loss in the value of his/her leasehold, property damage, out of pocket costs, 6 medical expenses, loss of use, lost income, and loss of earning capacity, all to Plaintiffs’ damage in 7 an amount to be determined at trial, but which amount is within the jurisdictional requirements of 8 the Court. 9 SECOND CAUSE OF ACTION: BREACH OF STATUTORY 10 WARRANTY OF HABITABILITY 11 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS) 12 13. Plaintiffs re-allege and incorporate by reference every allegation contained in the 13 preceding paragraphs of this Complaint, as though fully set forth herein. 14 14. As explained in the more detailed factual allegations set forth in this Complaint, the 15 Defendants have breached the warranty of habitability established by Section 1941 of the Civil 16 Code by failing to ensure that the building is in a condition that meets the requirements of Section 17 1941.1 of the Civil Code and Section 17920.3 of the Health and Safety Code. Examples of these 18 violations, of which Defendants were, or should have been aware, are more fully set forth in 19 paragraph 9 herein and incorporated herein by reference as though fully set forth. 20 15. The Defendant owner of the building was always in control of and responsible for 21 the maintenance of the building. Defendant negligently maintained the apartment building and 22 failed to institute a regular building maintenance review process for the building or otherwise 23 timely effectuate maintenance and repairs to the same. 24 16. The Defendant's repeated breaches of the warranty of habitability reduced the value 25 of all tenancies, caused personal bodily injuries to the inhabitants, and caused Plaintiffs to feel the 26 natural anxiety that an ordinary person feels under the relatively uniform unhealthy and unsafe 27 conditions. 28 6 COMPLAINT 1 17. The failure of the Defendant to fulfill the statutory obligations described in this 2 Complaint was initially merely negligent, but after repeated notice, both actual and constructive, 3 the Defendant's failure to comply with the relevant habitability statutes can be interpreted as 4 reckless or intentional refusal to comply with obligations imposed by statutes. This refusal to 5 maintain the property is the sort of malicious action that justifies an award of treble damages or 6 other statutory or common law damages. 7 THIRD CAUSE OF ACTION: BREACH OF THE COVENANT 8 OF QUIET ENJOYMENT 9 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS) 10 18. Plaintiffs re-allege and incorporate by reference every allegation contained in the 11 preceding paragraphs of this Complaint, as though set forth in full herein. 12 19. Plaintiffs held a leasehold interest in and have been tenants of the property while the 13 Defendant owned and managed the property. 14 20. Implied in the rental agreement in California, oral and written, is a covenant that the 15 landlord will not interfere with the tenants’ quiet enjoyment of the premises during their tenancy. 16 21. Defendant has a duty to abide by the implied covenant of quiet enjoyment. 17 Defendant breached this duty and the implied covenant by their conduct as described above, 18 including, but not limited to, implement a regular maintenance review and inspection process; 19 failing to repair unsafe, unsanitary, and uninhabitable conditions at the premises; and failing to 20 maintain the premises in a habitable condition. 21 22. Defendant knew, or reasonably should have known, that Plaintiffs would suffer 22 damage because of this breach. Defendant received complaints regarding uninhabitable conditions 23 by Plaintiffs and various governmental agencies, including City agencies. Despite this knowledge 24 they negligently failed to remedy the problems with the property. 25 23. As a direct and proximate result of Defendant's breach of the covenant of quiet 26 enjoyment, the value of the leasehold held by each Plaintiff has been diminished. Consequently, 27 each Plaintiff was damaged in an amount equal to the rental payments due and paid during each 28 leasehold or in an amount to be proven at trial. 7 COMPLAINT 1 24. As a direct and proximate result of Defendant's breach, Plaintiffs have suffered 2 and/or continue to suffer illness, physical injury, mental stress, emotional distress, discomfort, 3 annoyance, anxiety, loss of value of his/her leasehold, property damage, loss of use (including but 4 not limited to lack of water, heat, bed bugs, forced stays out of the apartment, etc.), constructive 5 eviction, and lost income, all to Plaintiffs’ detriment in an amount to be determined at trial, but 6 which amount is within the jurisdictional requirements of this Court. 7 FOURTH CAUSE OF ACTION: NEGLIGENCE 8 (BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 9 25. Plaintiffs re-allege and incorporate by reference, every allegation contained in the 10 preceding paragraphs of this Complaint as though set forth herein. 11 26. As landowners and/or managers of land, Defendant owed a duty of care under 12 common law and Civil Code section 1714 to exercise due care in management of the property so as 13 to avoid foreseeable injury to others. This due care required Defendant to comply with all building, 14 health, fire and safety codes, ordinances, regulations, and other laws applying to maintenance and 15 operation of residential rental housing. To the extent that Defendant violated ordinances, codes, and 16 other laws, including but not limited to those identified in paragraph 9 above, the violations 17 constitute negligence per se. This obligation of the owner also includes the obligation to properly 18 maintain the apartment building and to timely and competently effectuate repairs or pest 19 eradication when required. Plaintiffs, and each of them, were harmed because of the way that 20 Defendant mis-managed the property that Defendant owned and rented to the Plaintiffs. Defendant 21 was negligent in the use or maintenance of the property. Each Plaintiff rented from the Defendant 22 and was and continues to be harmed by Defendant's negligent conduct. Defendant's conduct is a 23 substantial factor in causing Plaintiffs' harm. 24 27. Defendant breached their common law and statutory duties of due care by failing to 25 institute a regular maintenance process; correct the substandard conditions complained of herein; 26 and failing to supervise their agents and employees who operated and maintained the building. 27 Defendant knew, or reasonably should have known, that Plaintiffs would be injured because of this 28 breach of common law and statutory duties of due care. 8 COMPLAINT 1 28. As a direct and proximate result of Defendant's negligent maintenance of the 2 premises, the value of the leasehold held by Plaintiffs, and each of them, is diminished. 3 Consequently, Plaintiffs have been damaged in an amount to be proven at trial. 4 29. As a further direct and proximate result of the conduct of Defendant, Plaintiffs have 5 suffered and continue to suffer illness, physical injury, mental stress, emotional distress, anxiety, 6 annoyance and discomfort, property damage, and lost income, all to Plaintiffs’ damage in an 7 amount to be proven at trial, but within the jurisdictional requirements of this Court. 8 FIFTH CAUSE OF ACTION: VIOLATION OF CIVIL CODE 9 SECTION 1942.4 10 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS) 11 30. Plaintiffs re-allege and incorporate by reference every allegation contained in the 12 preceding paragraphs of this Complaint as though set forth herein. 13 31. Plaintiffs are informed and believe, and herein allege, that Defendants violated Civil 14 Code section 1942.4 by demanding rent, collecting rent, issuing a notice of a rent increase and/or 15 issuing a three-day notice to pay rent or quit after not correcting conditions cited by government 16 housing enforcement agencies within 35 days of issuance of the citation, including but not limited 17 to, the following: 18 a. A Housing Official Inspection Report for Case No. PR0119705 issued by the County of 19 Los Angeles Department of Public Health on July 28, 2022. 20 b. An Official Inspection Report for Case No. PR0119705 issued by the County of Los 21 Angeles Department of Public Health on August 9, 2022. 22 c. An Official Inspection Report for Case No. PR0119705 issued by the County of Los 23 Angeles Department of Public Health on October 5, 2022. 24 d. A Housing Official Inspection Report for Case No. PR0119705 issued by the County of 25 Los Angeles Department of Public Health on November 9, 2022. 26 e. An Official Inspection Report for Case No. PR0119705 issued by the County of Los 27 Angeles Department of Public Health on January 9, 2022. 28 9 COMPLAINT 1 f. A Courtesy Notice to Abate for Case No. CO0366198 issued by the County of Los 2 Angeles Department of Public Health on April 5, 2023. 3 g. A Courtesy Notice to Abate for Case No. CO0385903 issued by the County of Los 4 Angeles Department of Public Health on August 14, 2023. 5 32. Plaintiffs are informed and believe, and herein allege, that said violations of Civil 6 Code sections 1942.4 occurred during the last four years and are continuing. Plaintiffs as rent 7 paying tenants asserted their rights by complaining of the uninhabitable conditions each were living 8 in, but Defendant failed to timely and adequately make corrections. 9 33. Plaintiffs have been damaged by Defendants’ conduct in an amount to be proven at 10 trial. Plaintiff is entitled to the rent abatement in an amount to be proven at trial, and pursuant to 11 Civil Code section 1942.4(b), Plaintiffs are entitled to actual damages and special damages in an 12 amount to be determined at trial. Each Plaintiff has been damaged by Defendants’ conduct in an 13 amount equal to rents paid by each Plaintiff during the time Defendant violated Civil Code section 14 1942.4 in an amount to be proven at trial. Finally, pursuant to Civil Code section 1942.4(b), each 15 Plaintiff is entitled to actual damages sustained and special damages in an amount not less than 16 $100.00 nor more than $5,000.00, as well as reasonable attorney’s fees and costs in an amount 17 fixed by the Court. 18 SIXTH CAUSE OF ACTION: PRIVATE NUISANCE 19 (BY ALL PLAINTIFFS AGAINST ALL OWNER DEFENDANTS) 20 34. Plaintiffs re-allege and incorporate by reference every allegation contained in the 21 preceding paragraphs of this Complaint as though set forth herein. 22 35. The conditions of the Subject Property that the Defendant caused constitute a private 23 nuisance within, but not limited to the meaning of Civil Code §3479 because the defective 24 conditions were injurious to the health and safety of Plaintiffs, indecent and offensive to the 25 Plaintiffs and interfered substantially with their comfortable enjoyment of the Subject Property. 26 36. These conditions constituted substantial and unreasonable interference with the 27 Plaintiffs’ private use and enjoyment of the property. 28 10 COMPLAINT 1 37. As a direct and proximate result of the private nuisance, the Plaintiffs sustained 2 general, special and property damage in amounts to be determined at trial. 3 SEVENTH CAUSE OF ACTION FOR VIOLATION OF BUSINESS AND 4 PROFESSIONS CODE SECTION 17200 5 (BY ALL ADULT PLAINTIFFS AGAINST ALL DEFENDANTS) 6 38. Plaintiffs re-allege and incorporate by reference every allegation contained in the 7 preceding paragraphs of this Complaint as though set forth herein. 8 39. Business & Professions Code section 17204 allows any person who has suffered an 9 injury in fact to prosecute a civil action for violation of the Unfair Competition Law. 10 40. At all times herein relevant, the Defendant was conducting business under the laws 11 of the State of California, the County of Los Angeles, and the City of Pico Rivera. Defendant was 12 obligated to comply with the laws of the State of California, the County of Los Angeles, and the 13 City of Pico Rivera. 14 41. Plaintiffs are informed and believe and thereon allege that it is the regular practice of 15 the Defendant to intentionally disregard the rights of tenants and violate applicable laws relating to 16 tenancies in their buildings in ways that include, but are not limited to, failing to provide quiet 17 enjoyment, failing to abate nuisances, and allowing the defects identified herein to continue to exist 18 in contravention of habitability laws. 19 42. Defendant thereby committed unlawful, unfair, and fraudulent business acts and 20 practices as defined by Business & Professions Code section 17200. By committing the acts and 21 omissions complained of above, the Defendant engaged in unfair business practices in that they 22 violate provisions of state and local laws for the management of real property, including but not 23 limited to Civil Code sections 1714, 1940.2, 1941 et seq., 1942.4, 1714, 3479 et seq., Health and 24 Safety Code sections 17910 et seq., and applicable City of Pico Rivera and County of Los Angeles 25 Building and Housing Codes and Ordinances. Defendant engaged in unfair competition by 26 charging market rents while failing to maintain the rental units in a habitable condition while the 27 competitors of the Defendant charged market rents and at the same time expended sums to 28 maintain their rental units in a habitable condition. 11 COMPLAINT 1 43. As a direct and proximate result of these acts and omissions, the Defendant has 2 received and continues to hold ill-gotten gains belonging to Plaintiffs. As a direct and proximate 3 result of the Defendant’s unlawful business practices, Plaintiffs have suffered economic injuries 4 including but not limited to damaged or lost personal property due to insect and vermin infestation, 5 and mold and water damage. Defendant has profited from their unlawful, unfair, and fraudulent 6 acts and practices by receiving full rental compensation without paying Plaintiffs and each of them 7 for the damages each has incurred. 8 44. The adult Plaintiffs are entitled to restitution pursuant to Business & Professions 9 Code sections 17203 and 17208 for money acquired by the Defendant by means of their unfair 10 business practices, in amounts not yet ascertained but to be ascertained at trial, including all rents 11 unlawfully received and retained by the Defendant and interest. The adult Plaintiffs are entitled to 12 restitution for personal property lost or damaged due to insect, vermin, or mold infestation as well 13 as water damage to items including but not limited to, furniture, clothing, bedding, appliances, and 14 other property, in an amount to be determined at the time of trial. 15 45. Plaintiffs’ success in this action will enforce important rights affecting the public 16 interest. Plaintiffs sue on behalf of the public as well as on behalf of themselves. Plaintiffs seek and 17 are entitled to reimbursement of unpaid compensation, restitution, declaratory relief, and any other 18 appropriate remedy. 19 WHEREFORE, 20 1. For each Cause of Action alleged herein, Plaintiffs pray for: 21 a. All medical specials incurred as the result of the acts of Defendants as alleged 22 herein in an amount to be proven at the time trial; 23 b. Damages, out of pocket costs, and/or loss to personal property in an amount 24 to be proven at the time of trial; 25 c. Loss of earnings and/or earning capacity; 26 d. Emotional distress and mental suffering; 27 e. For general bodily injury damages; 28 12 COMPLAINT 1 2. For pre- and post-judgment interest, pursuant to Civil Code sections 3288 and 3291. 2 3. For reasonable attorney’s fees and costs, including, but not limited to those awarded 3 pursuant to contract and Section 1942.4 and 1942.5 of the Civil Code. 4 4. For special damages of not less than $100 and not more than $5,000 per violation of 5 Section 1942.4 of the Civil Code; 6 5. For restitution pursuant to Business & Professions Code Section 17200 et. seq.; 7 6. Costs of suit; and 8 7. For any further relief, the Court deems appropriate and just. 9 10 11 Dated: May 9, 2024 FRIEDMAN & CHAPMAN 12 13 By: _________________________ 14 CHRISTOFER CHAPMAN JASON B. FRIEDMAN 15 ROY DIAZ Attorneys for all Plaintiffs Named 16 Herein 17 18 19 20 21 22 23 24 25 26 27 28 13 COMPLAINT 1 DEMAND FOR JURY TRIAL 2 Plaintiffs herein demand a trial by jury as to all claims and causes of action. 3 4 Dated: May 9, 2024 FRIEDMAN & CHAPMAN 5 By: _________________________ 6 CHRISTOFER CHAPMAN 7 JASON B. FRIEDMAN ROY DIAZ 8 Attorneys for all Plaintiffs Named 9 Herein 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 COMPLAINT