Preview
1 Justin Rabi Esq., State Bar No. 305287
Law Offices of Justin Rabi
2 4500 Park Granada Blvd. Suite 202
3 Calabasas, CA 91302
Tel:(626) 657-7332
4 Fax: (888) 371-8099
Email: justinrabi4justice@gmail.com
5
6 Attorneys for Plaintiffs,
ANGIE BURANDT KOLFSCHOTEN,
7 AMBER ROSE BURANDT, and
RUBY GRACE KOLFSCHOTEN
8
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 FOR THE COUNTY OF LOS ANGELES
12
13 ANGIE BURANDT KOLFSCHOTEN, an Case No.:
individual; AMBER ROSE BURANDT, an
14 individual; and RUBY GRACE COMPLAINT FOR DAMAGES; DEMAND
KOLFSCHOTEN, a minor by and through her FOR JURY TRIAL
15
Guardian Ad Litem ANGIE BURANDT
16 KOLFSCHOTEN, 1. Violation of Civil Code Section 1942.4
2. Tortious Breach of Warranty of
17 Plaintiffs, Habitability
3. Breach of the Covenant of Quiet
18 v. Enjoyment
4. Negligent Maintenance of the Premises
19
RUBINSTEIN 1999 LIVING TRUST; JUDITH 5. Maintenance of Nuisance
20 RUBINSTEIN, an individual; ZVI ARIE 6. Violation of Business & Professions
RUBINSTEIN; and DOES 1 to 50, inclusive, Code Section 17200 et. seq.
21 7. Negligent Infliction of Emotional
Defendants. Distress
22 8. Intentional Infliction of Emotional
23 Distress
24 PLAINTIFFS ALLEGE THE FOLLOWING ON INFORMATION AND BELIEF AND
25 DEMAND A TRIAL BY JURY:
26 1. Plaintiff ANGIE BURANDT KOLFSCHOTEN is, and at all times mentioned herein
27 was, a resident of the city of Canoga Park, County of Los Angeles, State of California, and at all
28 relevant times herein was a tenant of the residential property located at 8534 Canoga Avenue,
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COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
1 Canoga Park, California 91305 (hereinafter, “the Premises.”)
2 2. Plaintiff AMBER ROSE BURANDT is, and at all times mentioned herein was, a
3 resident of the Premises.
4 3. Plaintiff RUBY GRACE KOLFSCHOTEN, a minor by and through her Guardian
5 Ad Litem ANGIE BURANDT KOLFSCHOTEN is, and at all times herein was, a resident of the
6 Premises.
7 4. On information and belief, Defendant RUBINSTEIN 1999 LIVING TRUST, has at
8 all material times owned, managed and controlled the Premises which is located in the County of
9 Los Angeles.
10 5. On information and belief, Defendant JUDITH RUBINSTEIN is an individual who
11 at all material times, owned, managed, and controlled the Premises which is located in the County
12 of Los Angeles.
13 6. On information and belief, Defendant ZVI ARIE RUBINSTEIN is an individual
14 who at all material times, owned, managed, and controlled the Premises which is located in the
15 County of Los Angeles
16 7. Hereafter, Defendants RUBINSTEIN 1999 LIVING TRUST, JUDITH
17 RUBINSTEIN, and ZVI ARIE RUBINSTEIN shall collectively referred to as Defendants.
18 8. Plaintiffs are ignorant of the true names and capacities of defendants sued in this
19 Complaint as DOES 1 through 50, inclusive, and therefore sue these Defendants by those fictitious
20 names. Plaintiffs are informed and believe and thereupon allege that each of the Defendants
21 fictitiously named herein as a DOE is legally responsible, negligently or in some other actionable
22 manner, for the events and happenings hereinafter referred to, and thereby proximately and legally
23 caused the injuries and damages to Plaintiff as hereinafter alleged. Plaintiffs will ask leave of Court
24 to amend this Complaint to insert the true names and/or capacities of such fictitiously named
25 Defendants when the same have been ascertained.
26 9. Upon information and belief and at all times mentioned herein, Defendants and
27 DOES were the agents, employees and representatives of each other, and in doing the things
28 hereinafter alleged, were acting with the course and scope of such agency, service, and directed,
2
COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
1 aided and abetted, authorized, or ratified each and every act and conduct hereinafter alleged.
2 10. On or about January 2023, Plaintiff entered the premises with consent of Defendants.
3 Plaintiffs entered into a written and oral agreement by the terms of which Defendants rented the
4 Premises to Plaintiffs on a month-to-month basis at the agreed rent of approximately $2,000.00 per
5 month payable in advance on the first day of each and every month, commencing on January 2023,
6 and impliedly warranted that the Premises were habitable.
7 11. In accordance with the rental agreement, Plaintiffs entered into possession of the
8 Premises on or about January 5, 2023.
9 12. At the time Defendants rented the Premises to Plaintiffs or at some point thereafter,
10 the Premises were unfit for human occupation in that they substantially failed to comply with those
11 applicable building and housing code standards that materially affect the tenants’ health and safety.
12 13. Specifically, at the time Plaintiffs took possession, or at some point thereafter, the
13 Premises were uninhabitable and unfit for human occupation in that, among other things:
14 a. The premises is rat infested;
15 b. The Premises contained inadequate and leaking plumbing;
16 c. The Premises had inadequate trash disposal and removal which left the
17 Premises unsanitary and subject to major health hazards which requires involvement of
18 Government Code Enforcement;
19 d. The Premises have mold and mildew in several bedrooms, the kitchen, living
20 spaces, ceilings, and restrooms due to dampness and moisture;
21 e. The Premises contain doors and windows that were uneven, unstable and not
22 properly insulated from outside elements and weather;
23 f. The Premises have walls and fixtures structurally coming apart at the seams;
24 g. The Premises have holes around windows, which allow disease carrying
25 insects to enter;
26 h. The Premises have a pest and rodent infestation;
27 i. The interior walls within the Premises are deteriorated;
28 j. The Premises had leaks within piping in the walls that left structure with
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COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
1 evidence of mold;
2 k. The Premises have a mold growing in the kitchen and bathrooms;
3 14. On or about November 2023 or some point thereafter, Plaintiffs became increasingly
4 aware of the numerous defective and dangerous conditions listed above, at various times throughout
5 their tenancy, Plaintiffs notified Defendants orally, in writing and/or in person regarding the various
6 issues and defects and requested that Defendants have them repaired. However, Defendants failed
7 and refused to repair any of the defective and dangerous conditions.
8 15. Upon information and belief, Defendants are experienced owners and managers of
9 residential property, and are aware that absent appropriate maintenance serious habitability
10 violations would develop that would seriously and materially affect Plaintiffs’ tenancy.
11 16. As a consequence of the conditions, Plaintiffs have sustained severe mental
12 suffering, fear, humiliation, frustration, anxiety, upper respiratory illnesses, and other serious
13 physical ailments, in an amount to be determined at trial.
14 FIRST CAUSE OF ACTION
15 (Violation of Civil Code 1942.4 by Plaintiffs against all Defendants)
16 17. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1
17 through 16, hereinabove, and incorporate the same as if alleged herein.
18 18. The Premise substantially lacks, and at all material times, has lacked the affirmative
19 standard characteristics identified in Section 1941.1 of the Code of Civil Procedure and Section
20 17920.10. of the Health and Safety Code, as alleged above.
21 19. Without good cause Defendants failed to make repairs within thirty-five (35) days of
22 receiving notice during which time the substandard conditions continued to exist without
23 abatement.
24 20. Since receiving said notices, Defendants have collected and/or demanded rent from
25 Plaintiffs.
26 21. By reason of the foregoing, Defendants have violated Civil Code Section 1942.4
27 22. As a direct and proximate result of the foregoing, Plaintiffs are entitled to statutory
28 damages pursuant to Section (b)(1) and reasonable attorneys’ fees and costs pursuant to Section
4
COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
1 (b)(2).
2 SECOND CAUSE OF ACTION
3 (Tortuous Breach of Warranty of Habitability by Plaintiffs against all Defendants)
4 23. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1
5 through 22, hereinabove, and incorporate the same as if alleged herein.
6 24. The defective conditions alleged herein constitute violations of state and local
7 housing laws and posed severe health and safety hazard and breached the implied warranty of
8 habitability.
9 25. Defendants had actual and constructive notice of the defective conditions alleged
10 herein, but despite such notice, Defendants failed to adequately repair and abate the conditions at
11 the Premises.
12 26. Plaintiffs did not cause, create, or contribute to the existence of the defective
13 conditions alleged herein.
14 27. By failing to correct said defective conditions, Defendants have breached the
15 warranty of habitability implied in all rental contracts under California law.
16 28. Defendants knew or should have known that permitting said defective conditions to
17 exist threatened the physical and emotional health and well-being of Plaintiffs and posed a serious
18 threat and danger to their health and safety.
19 29. The Premises as they existed in their defective and dangerous condition have no
20 rental value whatsoever.
21 30. As a direct and proximate result of Defendants’ breach of the implied warranty, and
22 Defendants failure to repair the defective and dangerous conditions or to have them repaired within
23 a reasonable time or at all, Plaintiffs sustained general damages in the amount to be determined at
24 trial for each day they occupied the premises.
25 31. As a further proximate result of Defendants’ breach of the implied warranty of
26 habitability, and Defendants’ failure to repair the defective and dangerous conditions or to have
27 them repaired within a reasonable time or at all, Plaintiffs suffered property damage and economic
28 loss to be determined at trial.
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COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
1 32. As a further proximate result of Defendant’s maintenance of the nuisance, Plaintiffs
2 suffered discomfort and annoyance, all to their general damage in an amount to be determined at
3 trial for each day that Plaintiffs occupied the premises.
4 THIRD CAUSE OF ACTION
5 (Breach of the Covenant of Quiet Enjoyment by Plaintiffs against all Defendants)
6 33. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1
7 through 32, hereinabove, and incorporate the same as if alleged herein.
8 34. Implied in the rental agreement between Defendants and Plaintiffs is a covenant that
9 Defendants would not and will not interfere with Plaintiffs’ quiet enjoyment of the Premises during
10 their tenancy. This covenant of quiet enjoyment is codified in California Civil Code Section 1927.
11 35. Defendants have breached the implied covenant of quiet enjoyment as alleged
12 herein, including, but not limited to: by their failure and refusal to repair the alleged habitability
13 violations and to maintain the Premises in a habitable condition and in a condition consistent with
14 the purpose for which it was rented.
15 36. Defendants have breached the implied covenant of quiet enjoyment in ways and
16 manners which include but are not limited to: allowing Plaintiffs to live in hazardous conditions
17 including, but not limited to, rat infestation, rodent infestation, mold, faulty electric wiring, and
18 failing to address concerns of safety. Thus, perpetuating a constant state of fear and anxiety upon
19 Plaintiffs.
20 37. As a direct and proximate result of Defendants’ breach of the convent of quiet
21 enjoyment, the value of the leasehold held by Plaintiffs has been materially diminished.
22 Consequently, Plaintiffs have been damaged in an amount to be determined at trial.
23 38. As a direct and proximate result of Defendants’ conduct, Plaintiffs have sustained
24 general, special, and property damage in amounts to be determined at trial.
25 FOURTH CAUSE OF ACTION
26 (Negligent Maintenance of the Premises by Plaintiffs against all Defendants)
27 39. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1
28 through 38, hereinabove, and incorporate the same as if alleged herein.
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COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
1 40. As an owner, operator and manager of the Premises, Defendants owed Plaintiffs the
2 duty to exercise reasonable care in the ownership, management, and control of the Premises; and to
3 keep the Premises in a habitable condition and to preserve Plaintiffs’ right to quiet enjoyment of the
4 Premises.
5 41. These duties Defendants owed to Plaintiffs to exercise reasonable care include, but
6 are not limited to: the duty to refrain from interfering with Plaintiffs’ full use of and quiet
7 enjoyment of their premises; the duty to comply with all applicable state and local laws governing
8 Plaintiffs’ rights as tenants; the duty to maintain Plaintiffs’ premises in a safe, healthy, and
9 habitable condition for the entire term of Plaintiffs’ tenancy; and the duty not to obstruct Plaintiffs’
10 full use and occupancy of the rented Premises.
11 42. Defendants, by the conduct alleged above, so negligently and carelessly maintained,
12 operated, and managed the Premises as to breach the duties they owed to Plaintiffs.
13 43. As a direct and proximate result of Defendants’ breaches of duty, Plaintiffs have
14 sustained general, special, and property damage in amounts to be determined at trial.
15 44. Defendants’ failure to put the Premises into a condition fit for human occupation at
16 the time of renting them to Plaintiffs, and Defendants’ failure to repair the defective and dangerous
17 conditions or to have them repaired within a reasonable time after Plaintiffs notified Defendants, or
18 at all, as alleged above, were oppressive and malicious within the meaning of Civil Code Section
19 3294 in that they subjected Plaintiffs to cruel and unjust hardship in willful conscious disregard of
20 Plaintiffs’ rights and safety thereby entitling Plaintiffs to an award of punitive damages.
21 FIFTH CAUSE OF ACTION
22 (Maintenance of Nuisance by Plaintiffs against all Defendants)
23 45. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1
24 through 44, hereinabove, and incorporate the same as if alleged herein.
25 46. The defective and dangerous conditions of the premises as alleged in this complaint
26 constituted a nuisance within the meaning of Civil Code Section 3479 and Code of Civil Procedure
27 Section 731 in that Defendant deprived Plaintiffs of the safe, healthy, and comfortable use of the
28 Premises.
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COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
1 47. As a proximate result of Defendants’ maintenance of the nuisance, Plaintiffs suffered
2 discomfort and annoyance, all to their general damages in an amount to be determined at trial for
3 each day that Plaintiffs occupied the premises.
4 48. As a further proximate result of Defendants’ maintenance of the nuisance, Plaintiffs
5 suffered property damage and economic loss in amounts to be determined at trial.
6 49. In maintaining the nuisance, Defendants acted with full knowledge of the
7 consequences thereof of the damage being caused to Plaintiffs. Despite this knowledge, Defendants
8 failure to bate the nuisance by repairing the defective and dangerous conditions of the Premises or
9 to have them repaired within a reasonable time after Plaintiffs notified Defendants. Defendants’
10 failure to act was both oppressive and malicious within the meaning of Civil Code Section 3294 in
11 that they subjected Plaintiffs to cruel and unjust hardship in willful conscious disregard of
12 Plaintiffs’ rights and safety thereby entitling Plaintiffs to an award of punitive damages.
13 SIXTH CAUSE OF ACTION
14 (Business & Professions Code Section 17200 et. seq. by Plaintiffs against all Defendants)
15 50. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1
16 through 49, hereinabove, and incorporate the same as if alleged herein.
17 51. Defendants, and each of them, engaged in unlawful and unfair business practices
18 prohibited by California Business & Professions Code Section 17200, et seq. by virtue of the
19 foregoing acts and omissions.
20 52. Plaintiffs were harmed as a result of said practices by paying full monthly rent for
21 Premises with material deficiencies.
22 53. The foregoing acts and omissions were and are the regular business practices of the
23 Defendants at the Property.
24 54. As a direct and proximate result of the aforementioned acts and omissions, the
25 Defendants have been unjustly enriched at the expense of Plaintiffs, and Plaintiffs are entitled to
26 restitution in an amount to be proven at trial.
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COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
1 SEVENTH CAUSE OF ACTION
2 (Negligent Infliction of Emotional Distress by Plaintiffs against all Defendants)
3 55. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1
4 through 54, hereinabove, and incorporate the same as if alleged herein.
5 56. As an owner, operator and manager of the Premises, Defendants owed Plaintiffs the
6 duty to exercise reasonable care in the ownership, management, and control of the Premises; and to
7 keep the Premises in a habitable condition and to preserve Plaintiffs’ right to quiet enjoyment of the
8 Premises.
9 57. These duties Defendants owed to Plaintiffs to exercise reasonable care include, but
10 are not limited to: the duty to refrain from interfering with Plaintiffs’ full use of and quiet
11 enjoyment of the Premises; the duty to comply with all applicable state and local laws governing
12 Plaintiffs’ rights as tenants; the duty to maintain Plaintiffs’ premises in a safe, healthy, and
13 habitable condition for the entire term of Plaintiffs’ tenancy; and the duty not to obstruct Plaintiffs’
14 full use and occupancy of the rented Premises.
15 58. Defendants, by the conduct alleged above, so negligently and carelessly maintained,
16 operated, and managed the Premises by failing to put the Premises in a condition fit for human
17 occupancy and by failing to repair all dilapidated conditions, as to breach the duties they owed to
18 Plaintiffs.
19 59. As a direct and proximate result of Defendants’ breaches of duty, Plaintiffs have
20 sustained serious emotional distress including, but not limited to, feelings of anxiety; fearfulness;
21 frustration; depression; worry; discomfort; disgust; and shame.
22 60. Defendants’ failure to put the Premises into a condition fit for human occupation at
23 the time of renting them to Plaintiffs, and Defendants’ failure to repair the defective and dangerous
24 conditions or to have them repaired within a reasonable time after Plaintiffs notified Defendants, or
25 at all, as alleged above, was a substantial factor in causing Plaintiffs serious emotional distress,
26 which was a foreseeable, direct, and proximate result of Defendants’ failure to keep the Premises fit
27 for human occupancy.
28 61. As a direct proximate result of Defendants’ acts, Plaintiffs have been damaged in an
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COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
1 amount to be shown according to proof, but which amount is in excess of the jurisdictional
2 minimum of this Court.
3 EIGHTH CAUSE OF ACTION
4 (Intentional Infliction of Emotional Distress by Plaintiffs against all Defendants)
5 62. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1
6 through 61, hereinabove, and incorporate the same as if alleged herein.
7 63. As an owner, operator and manager of the Premises, Defendants owed Plaintiffs the
8 duty to exercise reasonable care in the ownership, management, and control of the Premises; and to
9 keep the Premises in a habitable condition and to preserve Plaintiffs’ right to quiet enjoyment of the
10 Premises.
11 64. These duties Defendants owed to Plaintiffs to exercise reasonable care include, but
12 are not limited to: the duty to refrain from interfering with Plaintiffs’ full use of and quiet
13 enjoyment of the Premises; the duty to comply with all applicable state and local laws governing
14 Plaintiffs’ rights as tenants; the duty to maintain Plaintiffs’ premises in a safe, healthy, and
15 habitable condition for the entire term of Plaintiffs’ tenancy; and the duty not to obstruct Plaintiffs’
16 full use and occupancy of the rented Premises.
17 65. Plaintiffs admit to living in a constant fear of rats and other vermin at the Premises.
18 Rats are ever-present at the Premises, lurking in the walls, getting into pantries, drawers, dressers,
19 and into Plaintiffs food. Despite Plaintiffs complaining to Defendants about these concerns
20 repeatedly, for months, Defendants refused and continue to refuse to remediate.
21 66. Defendants, by the conduct alleged above, so intentionally, recklessly, willfully, and
22 wantonly maintained, operated, and managed the Premises by failing to put the Premises in a
23 condition fit for human occupancy and by failing to repair all dilapidated conditions, as to breach
24 the duties they owed to Plaintiffs. The conditions and actions rose to a level of extreme and
25 outrageous conduct that shocks the conscience and falls outside the bounds of decency.
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COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
1 PRAYER FOR RELIEF
2 WHEREFORE, Plaintiffs pray for relief and judgment as follows:
3 1. General damages in an amount to be determined at trial for each day that Plaintiffs
4 occupied the Premises or an amount according to proof at trial, but in excess of the minimum
5 jurisdictional limits of this Court;
6 2. Restitution of all funds paid to Defendants by Plaintiffs or on Plaintiffs’ behalf;
7 3. Statutory penalties as allowed by law;
8 4. Punitive damages according to proof at trial;
9 5. Pre-and post-judgment interest.
10 6. Cost of suit and attorneys’ fee; and
11 7. For such other and further relief as the Court deems just and proper.
12 8. Plaintiffs respectfully request this matter with all allegations and causes of actions
13 asserted be heard and decided by a Jury of their peers pursuant to rights afforded in State
14 constitution.
15
16 Dated: May 12, 2024 LAW OFFICES OF JUSTIN RABI
17
18
BY: ____________________________
19
JUSTIN RABI, Esq.
20 Attorneys for Plaintiffs
ANGIE BURANDT KOLFSCHOTEN,
21 AMBER ROSE BURANDT, and RUBY
GRACE KOLFSCHOTEN
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COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
Preview
1 Justin Rabi Esq., State Bar No. 305287 Law Offices of Justin Rabi 2 4500 Park Granada Blvd. Suite 202 3 Calabasas, CA 91302 Tel:(626) 657-7332 4 Fax: (888) 371-8099 Email: justinrabi4justice@gmail.com 5 6 Attorneys for Plaintiffs, ANGIE BURANDT KOLFSCHOTEN, 7 AMBER ROSE BURANDT, and RUBY GRACE KOLFSCHOTEN 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF LOS ANGELES 12 13 ANGIE BURANDT KOLFSCHOTEN, an Case No.: individual; AMBER ROSE BURANDT, an 14 individual; and RUBY GRACE COMPLAINT FOR DAMAGES; DEMAND KOLFSCHOTEN, a minor by and through her FOR JURY TRIAL 15 Guardian Ad Litem ANGIE BURANDT 16 KOLFSCHOTEN, 1. Violation of Civil Code Section 1942.4 2. Tortious Breach of Warranty of 17 Plaintiffs, Habitability 3. Breach of the Covenant of Quiet 18 v. Enjoyment 4. Negligent Maintenance of the Premises 19 RUBINSTEIN 1999 LIVING TRUST; JUDITH 5. Maintenance of Nuisance 20 RUBINSTEIN, an individual; ZVI ARIE 6. Violation of Business & Professions RUBINSTEIN; and DOES 1 to 50, inclusive, Code Section 17200 et. seq. 21 7. Negligent Infliction of Emotional Defendants. Distress 22 8. Intentional Infliction of Emotional 23 Distress 24 PLAINTIFFS ALLEGE THE FOLLOWING ON INFORMATION AND BELIEF AND 25 DEMAND A TRIAL BY JURY: 26 1. Plaintiff ANGIE BURANDT KOLFSCHOTEN is, and at all times mentioned herein 27 was, a resident of the city of Canoga Park, County of Los Angeles, State of California, and at all 28 relevant times herein was a tenant of the residential property located at 8534 Canoga Avenue, 1 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL 1 Canoga Park, California 91305 (hereinafter, “the Premises.”) 2 2. Plaintiff AMBER ROSE BURANDT is, and at all times mentioned herein was, a 3 resident of the Premises. 4 3. Plaintiff RUBY GRACE KOLFSCHOTEN, a minor by and through her Guardian 5 Ad Litem ANGIE BURANDT KOLFSCHOTEN is, and at all times herein was, a resident of the 6 Premises. 7 4. On information and belief, Defendant RUBINSTEIN 1999 LIVING TRUST, has at 8 all material times owned, managed and controlled the Premises which is located in the County of 9 Los Angeles. 10 5. On information and belief, Defendant JUDITH RUBINSTEIN is an individual who 11 at all material times, owned, managed, and controlled the Premises which is located in the County 12 of Los Angeles. 13 6. On information and belief, Defendant ZVI ARIE RUBINSTEIN is an individual 14 who at all material times, owned, managed, and controlled the Premises which is located in the 15 County of Los Angeles 16 7. Hereafter, Defendants RUBINSTEIN 1999 LIVING TRUST, JUDITH 17 RUBINSTEIN, and ZVI ARIE RUBINSTEIN shall collectively referred to as Defendants. 18 8. Plaintiffs are ignorant of the true names and capacities of defendants sued in this 19 Complaint as DOES 1 through 50, inclusive, and therefore sue these Defendants by those fictitious 20 names. Plaintiffs are informed and believe and thereupon allege that each of the Defendants 21 fictitiously named herein as a DOE is legally responsible, negligently or in some other actionable 22 manner, for the events and happenings hereinafter referred to, and thereby proximately and legally 23 caused the injuries and damages to Plaintiff as hereinafter alleged. Plaintiffs will ask leave of Court 24 to amend this Complaint to insert the true names and/or capacities of such fictitiously named 25 Defendants when the same have been ascertained. 26 9. Upon information and belief and at all times mentioned herein, Defendants and 27 DOES were the agents, employees and representatives of each other, and in doing the things 28 hereinafter alleged, were acting with the course and scope of such agency, service, and directed, 2 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL 1 aided and abetted, authorized, or ratified each and every act and conduct hereinafter alleged. 2 10. On or about January 2023, Plaintiff entered the premises with consent of Defendants. 3 Plaintiffs entered into a written and oral agreement by the terms of which Defendants rented the 4 Premises to Plaintiffs on a month-to-month basis at the agreed rent of approximately $2,000.00 per 5 month payable in advance on the first day of each and every month, commencing on January 2023, 6 and impliedly warranted that the Premises were habitable. 7 11. In accordance with the rental agreement, Plaintiffs entered into possession of the 8 Premises on or about January 5, 2023. 9 12. At the time Defendants rented the Premises to Plaintiffs or at some point thereafter, 10 the Premises were unfit for human occupation in that they substantially failed to comply with those 11 applicable building and housing code standards that materially affect the tenants’ health and safety. 12 13. Specifically, at the time Plaintiffs took possession, or at some point thereafter, the 13 Premises were uninhabitable and unfit for human occupation in that, among other things: 14 a. The premises is rat infested; 15 b. The Premises contained inadequate and leaking plumbing; 16 c. The Premises had inadequate trash disposal and removal which left the 17 Premises unsanitary and subject to major health hazards which requires involvement of 18 Government Code Enforcement; 19 d. The Premises have mold and mildew in several bedrooms, the kitchen, living 20 spaces, ceilings, and restrooms due to dampness and moisture; 21 e. The Premises contain doors and windows that were uneven, unstable and not 22 properly insulated from outside elements and weather; 23 f. The Premises have walls and fixtures structurally coming apart at the seams; 24 g. The Premises have holes around windows, which allow disease carrying 25 insects to enter; 26 h. The Premises have a pest and rodent infestation; 27 i. The interior walls within the Premises are deteriorated; 28 j. The Premises had leaks within piping in the walls that left structure with 3 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL 1 evidence of mold; 2 k. The Premises have a mold growing in the kitchen and bathrooms; 3 14. On or about November 2023 or some point thereafter, Plaintiffs became increasingly 4 aware of the numerous defective and dangerous conditions listed above, at various times throughout 5 their tenancy, Plaintiffs notified Defendants orally, in writing and/or in person regarding the various 6 issues and defects and requested that Defendants have them repaired. However, Defendants failed 7 and refused to repair any of the defective and dangerous conditions. 8 15. Upon information and belief, Defendants are experienced owners and managers of 9 residential property, and are aware that absent appropriate maintenance serious habitability 10 violations would develop that would seriously and materially affect Plaintiffs’ tenancy. 11 16. As a consequence of the conditions, Plaintiffs have sustained severe mental 12 suffering, fear, humiliation, frustration, anxiety, upper respiratory illnesses, and other serious 13 physical ailments, in an amount to be determined at trial. 14 FIRST CAUSE OF ACTION 15 (Violation of Civil Code 1942.4 by Plaintiffs against all Defendants) 16 17. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1 17 through 16, hereinabove, and incorporate the same as if alleged herein. 18 18. The Premise substantially lacks, and at all material times, has lacked the affirmative 19 standard characteristics identified in Section 1941.1 of the Code of Civil Procedure and Section 20 17920.10. of the Health and Safety Code, as alleged above. 21 19. Without good cause Defendants failed to make repairs within thirty-five (35) days of 22 receiving notice during which time the substandard conditions continued to exist without 23 abatement. 24 20. Since receiving said notices, Defendants have collected and/or demanded rent from 25 Plaintiffs. 26 21. By reason of the foregoing, Defendants have violated Civil Code Section 1942.4 27 22. As a direct and proximate result of the foregoing, Plaintiffs are entitled to statutory 28 damages pursuant to Section (b)(1) and reasonable attorneys’ fees and costs pursuant to Section 4 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL 1 (b)(2). 2 SECOND CAUSE OF ACTION 3 (Tortuous Breach of Warranty of Habitability by Plaintiffs against all Defendants) 4 23. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1 5 through 22, hereinabove, and incorporate the same as if alleged herein. 6 24. The defective conditions alleged herein constitute violations of state and local 7 housing laws and posed severe health and safety hazard and breached the implied warranty of 8 habitability. 9 25. Defendants had actual and constructive notice of the defective conditions alleged 10 herein, but despite such notice, Defendants failed to adequately repair and abate the conditions at 11 the Premises. 12 26. Plaintiffs did not cause, create, or contribute to the existence of the defective 13 conditions alleged herein. 14 27. By failing to correct said defective conditions, Defendants have breached the 15 warranty of habitability implied in all rental contracts under California law. 16 28. Defendants knew or should have known that permitting said defective conditions to 17 exist threatened the physical and emotional health and well-being of Plaintiffs and posed a serious 18 threat and danger to their health and safety. 19 29. The Premises as they existed in their defective and dangerous condition have no 20 rental value whatsoever. 21 30. As a direct and proximate result of Defendants’ breach of the implied warranty, and 22 Defendants failure to repair the defective and dangerous conditions or to have them repaired within 23 a reasonable time or at all, Plaintiffs sustained general damages in the amount to be determined at 24 trial for each day they occupied the premises. 25 31. As a further proximate result of Defendants’ breach of the implied warranty of 26 habitability, and Defendants’ failure to repair the defective and dangerous conditions or to have 27 them repaired within a reasonable time or at all, Plaintiffs suffered property damage and economic 28 loss to be determined at trial. 5 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL 1 32. As a further proximate result of Defendant’s maintenance of the nuisance, Plaintiffs 2 suffered discomfort and annoyance, all to their general damage in an amount to be determined at 3 trial for each day that Plaintiffs occupied the premises. 4 THIRD CAUSE OF ACTION 5 (Breach of the Covenant of Quiet Enjoyment by Plaintiffs against all Defendants) 6 33. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1 7 through 32, hereinabove, and incorporate the same as if alleged herein. 8 34. Implied in the rental agreement between Defendants and Plaintiffs is a covenant that 9 Defendants would not and will not interfere with Plaintiffs’ quiet enjoyment of the Premises during 10 their tenancy. This covenant of quiet enjoyment is codified in California Civil Code Section 1927. 11 35. Defendants have breached the implied covenant of quiet enjoyment as alleged 12 herein, including, but not limited to: by their failure and refusal to repair the alleged habitability 13 violations and to maintain the Premises in a habitable condition and in a condition consistent with 14 the purpose for which it was rented. 15 36. Defendants have breached the implied covenant of quiet enjoyment in ways and 16 manners which include but are not limited to: allowing Plaintiffs to live in hazardous conditions 17 including, but not limited to, rat infestation, rodent infestation, mold, faulty electric wiring, and 18 failing to address concerns of safety. Thus, perpetuating a constant state of fear and anxiety upon 19 Plaintiffs. 20 37. As a direct and proximate result of Defendants’ breach of the convent of quiet 21 enjoyment, the value of the leasehold held by Plaintiffs has been materially diminished. 22 Consequently, Plaintiffs have been damaged in an amount to be determined at trial. 23 38. As a direct and proximate result of Defendants’ conduct, Plaintiffs have sustained 24 general, special, and property damage in amounts to be determined at trial. 25 FOURTH CAUSE OF ACTION 26 (Negligent Maintenance of the Premises by Plaintiffs against all Defendants) 27 39. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1 28 through 38, hereinabove, and incorporate the same as if alleged herein. 6 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL 1 40. As an owner, operator and manager of the Premises, Defendants owed Plaintiffs the 2 duty to exercise reasonable care in the ownership, management, and control of the Premises; and to 3 keep the Premises in a habitable condition and to preserve Plaintiffs’ right to quiet enjoyment of the 4 Premises. 5 41. These duties Defendants owed to Plaintiffs to exercise reasonable care include, but 6 are not limited to: the duty to refrain from interfering with Plaintiffs’ full use of and quiet 7 enjoyment of their premises; the duty to comply with all applicable state and local laws governing 8 Plaintiffs’ rights as tenants; the duty to maintain Plaintiffs’ premises in a safe, healthy, and 9 habitable condition for the entire term of Plaintiffs’ tenancy; and the duty not to obstruct Plaintiffs’ 10 full use and occupancy of the rented Premises. 11 42. Defendants, by the conduct alleged above, so negligently and carelessly maintained, 12 operated, and managed the Premises as to breach the duties they owed to Plaintiffs. 13 43. As a direct and proximate result of Defendants’ breaches of duty, Plaintiffs have 14 sustained general, special, and property damage in amounts to be determined at trial. 15 44. Defendants’ failure to put the Premises into a condition fit for human occupation at 16 the time of renting them to Plaintiffs, and Defendants’ failure to repair the defective and dangerous 17 conditions or to have them repaired within a reasonable time after Plaintiffs notified Defendants, or 18 at all, as alleged above, were oppressive and malicious within the meaning of Civil Code Section 19 3294 in that they subjected Plaintiffs to cruel and unjust hardship in willful conscious disregard of 20 Plaintiffs’ rights and safety thereby entitling Plaintiffs to an award of punitive damages. 21 FIFTH CAUSE OF ACTION 22 (Maintenance of Nuisance by Plaintiffs against all Defendants) 23 45. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1 24 through 44, hereinabove, and incorporate the same as if alleged herein. 25 46. The defective and dangerous conditions of the premises as alleged in this complaint 26 constituted a nuisance within the meaning of Civil Code Section 3479 and Code of Civil Procedure 27 Section 731 in that Defendant deprived Plaintiffs of the safe, healthy, and comfortable use of the 28 Premises. 7 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL 1 47. As a proximate result of Defendants’ maintenance of the nuisance, Plaintiffs suffered 2 discomfort and annoyance, all to their general damages in an amount to be determined at trial for 3 each day that Plaintiffs occupied the premises. 4 48. As a further proximate result of Defendants’ maintenance of the nuisance, Plaintiffs 5 suffered property damage and economic loss in amounts to be determined at trial. 6 49. In maintaining the nuisance, Defendants acted with full knowledge of the 7 consequences thereof of the damage being caused to Plaintiffs. Despite this knowledge, Defendants 8 failure to bate the nuisance by repairing the defective and dangerous conditions of the Premises or 9 to have them repaired within a reasonable time after Plaintiffs notified Defendants. Defendants’ 10 failure to act was both oppressive and malicious within the meaning of Civil Code Section 3294 in 11 that they subjected Plaintiffs to cruel and unjust hardship in willful conscious disregard of 12 Plaintiffs’ rights and safety thereby entitling Plaintiffs to an award of punitive damages. 13 SIXTH CAUSE OF ACTION 14 (Business & Professions Code Section 17200 et. seq. by Plaintiffs against all Defendants) 15 50. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1 16 through 49, hereinabove, and incorporate the same as if alleged herein. 17 51. Defendants, and each of them, engaged in unlawful and unfair business practices 18 prohibited by California Business & Professions Code Section 17200, et seq. by virtue of the 19 foregoing acts and omissions. 20 52. Plaintiffs were harmed as a result of said practices by paying full monthly rent for 21 Premises with material deficiencies. 22 53. The foregoing acts and omissions were and are the regular business practices of the 23 Defendants at the Property. 24 54. As a direct and proximate result of the aforementioned acts and omissions, the 25 Defendants have been unjustly enriched at the expense of Plaintiffs, and Plaintiffs are entitled to 26 restitution in an amount to be proven at trial. 27 /// 28 /// 8 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL 1 SEVENTH CAUSE OF ACTION 2 (Negligent Infliction of Emotional Distress by Plaintiffs against all Defendants) 3 55. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1 4 through 54, hereinabove, and incorporate the same as if alleged herein. 5 56. As an owner, operator and manager of the Premises, Defendants owed Plaintiffs the 6 duty to exercise reasonable care in the ownership, management, and control of the Premises; and to 7 keep the Premises in a habitable condition and to preserve Plaintiffs’ right to quiet enjoyment of the 8 Premises. 9 57. These duties Defendants owed to Plaintiffs to exercise reasonable care include, but 10 are not limited to: the duty to refrain from interfering with Plaintiffs’ full use of and quiet 11 enjoyment of the Premises; the duty to comply with all applicable state and local laws governing 12 Plaintiffs’ rights as tenants; the duty to maintain Plaintiffs’ premises in a safe, healthy, and 13 habitable condition for the entire term of Plaintiffs’ tenancy; and the duty not to obstruct Plaintiffs’ 14 full use and occupancy of the rented Premises. 15 58. Defendants, by the conduct alleged above, so negligently and carelessly maintained, 16 operated, and managed the Premises by failing to put the Premises in a condition fit for human 17 occupancy and by failing to repair all dilapidated conditions, as to breach the duties they owed to 18 Plaintiffs. 19 59. As a direct and proximate result of Defendants’ breaches of duty, Plaintiffs have 20 sustained serious emotional distress including, but not limited to, feelings of anxiety; fearfulness; 21 frustration; depression; worry; discomfort; disgust; and shame. 22 60. Defendants’ failure to put the Premises into a condition fit for human occupation at 23 the time of renting them to Plaintiffs, and Defendants’ failure to repair the defective and dangerous 24 conditions or to have them repaired within a reasonable time after Plaintiffs notified Defendants, or 25 at all, as alleged above, was a substantial factor in causing Plaintiffs serious emotional distress, 26 which was a foreseeable, direct, and proximate result of Defendants’ failure to keep the Premises fit 27 for human occupancy. 28 61. As a direct proximate result of Defendants’ acts, Plaintiffs have been damaged in an 9 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL 1 amount to be shown according to proof, but which amount is in excess of the jurisdictional 2 minimum of this Court. 3 EIGHTH CAUSE OF ACTION 4 (Intentional Infliction of Emotional Distress by Plaintiffs against all Defendants) 5 62. Plaintiffs repeat, reassert, and reallege the allegations contained in Paragraphs 1 6 through 61, hereinabove, and incorporate the same as if alleged herein. 7 63. As an owner, operator and manager of the Premises, Defendants owed Plaintiffs the 8 duty to exercise reasonable care in the ownership, management, and control of the Premises; and to 9 keep the Premises in a habitable condition and to preserve Plaintiffs’ right to quiet enjoyment of the 10 Premises. 11 64. These duties Defendants owed to Plaintiffs to exercise reasonable care include, but 12 are not limited to: the duty to refrain from interfering with Plaintiffs’ full use of and quiet 13 enjoyment of the Premises; the duty to comply with all applicable state and local laws governing 14 Plaintiffs’ rights as tenants; the duty to maintain Plaintiffs’ premises in a safe, healthy, and 15 habitable condition for the entire term of Plaintiffs’ tenancy; and the duty not to obstruct Plaintiffs’ 16 full use and occupancy of the rented Premises. 17 65. Plaintiffs admit to living in a constant fear of rats and other vermin at the Premises. 18 Rats are ever-present at the Premises, lurking in the walls, getting into pantries, drawers, dressers, 19 and into Plaintiffs food. Despite Plaintiffs complaining to Defendants about these concerns 20 repeatedly, for months, Defendants refused and continue to refuse to remediate. 21 66. Defendants, by the conduct alleged above, so intentionally, recklessly, willfully, and 22 wantonly maintained, operated, and managed the Premises by failing to put the Premises in a 23 condition fit for human occupancy and by failing to repair all dilapidated conditions, as to breach 24 the duties they owed to Plaintiffs. The conditions and actions rose to a level of extreme and 25 outrageous conduct that shocks the conscience and falls outside the bounds of decency. 26 /// 27 /// 28 /// 10 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL 1 PRAYER FOR RELIEF 2 WHEREFORE, Plaintiffs pray for relief and judgment as follows: 3 1. General damages in an amount to be determined at trial for each day that Plaintiffs 4 occupied the Premises or an amount according to proof at trial, but in excess of the minimum 5 jurisdictional limits of this Court; 6 2. Restitution of all funds paid to Defendants by Plaintiffs or on Plaintiffs’ behalf; 7 3. Statutory penalties as allowed by law; 8 4. Punitive damages according to proof at trial; 9 5. Pre-and post-judgment interest. 10 6. Cost of suit and attorneys’ fee; and 11 7. For such other and further relief as the Court deems just and proper. 12 8. Plaintiffs respectfully request this matter with all allegations and causes of actions 13 asserted be heard and decided by a Jury of their peers pursuant to rights afforded in State 14 constitution. 15 16 Dated: May 12, 2024 LAW OFFICES OF JUSTIN RABI 17 18 BY: ____________________________ 19 JUSTIN RABI, Esq. 20 Attorneys for Plaintiffs ANGIE BURANDT KOLFSCHOTEN, 21 AMBER ROSE BURANDT, and RUBY GRACE KOLFSCHOTEN 22 23 24 25 26 27 28 11 COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL