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Desert Hot Springs mobile home park’s motion to partially dismiss case denied

Residents of the Agape Springs mobile home park alleged in a recent suit that the park has failed to make repairs and maintain the park premises.

Their second amended complaint claimed nuisance, breach of contract, breach of the covenant of good faith and fair dealing, breach of statutes, breach of warranty of habitability, breach of covenant of quiet enjoyment and breach of unfair competition law.

They sought declaratory and injunctive relief.

Agape Springs requested the dismissal of the breach of contract and breach of good faith and fair dealing claims.

The contracts between the residents and the park established that the park was responsible for maintenance, Riverside Superior Judge Manny Bustamante found, overruling the park’s demurrer.

The court also struck the plaintiff’s request for punitive damages.

Punitive damages are authorized for oppression, fraud or malice. The plaintiffs did not prove the park engaged in any of those actions, Bustamante found.

Adams v. Agape Springs MHC CVPS2105022

Read the tentative ruling here.

Cherry Valley mobile home park’s demurrer, motion to strike denied

Twenty-eight plaintiffs who resided at Royal Coach mobile home park in Cherry Valley will see their case continue after a Riverside Superior judge denied the park’s demurrer and motion to strike.

The plaintiffs claimed in their March 15 lawsuit that the park’s owners and operators have allowed sewage spills, hazardous water, gas leaks, poor electrical systems, an unmaintained pool, poor lighting, a moldy clubhouse, overgrown trees, broken laundry machines, debris overflow, pests and unmaintained restrooms and showers.

They filed for nuisance, breach of contract, breach of covenant of good faith and fair dealing, negligence, breach of statutes, breach of warranty of habitability, breach of covenant of quiet employment and breach of unfair competition law.

They asked for declaratory and injunctive relief. 

Defendant Parma Management asked for all the claims, except for negligence, to be dismissed

They claim the other claims are uncertain, fail to state sufficient facts and lack details and dates.

They also moved to strike punitive damages, because malice, fraud and oppression are not pleaded.

The parks’ former owner, Mobile Home Group II, LP, joined the demurrer.

Riverside Superior Judge Chad Firetag denied the demurrer, because the complaint is not uncertain.

Baade v. Golden Opportunity II Holdings, L.P. CVRI2201044

Read the tentative ruling here.

Elementary school beating case loses negligent hiring cause

A Menifee elementary student, who claimed he was assaulted by eight students during recess, missed the opportunity to bring a negligent hiring cause in a Nov. 11, 2020, lawsuit against the Menifee School District.

The student’s government tort claim, procedurally filed before the lawsuit, did not include any facts to support the claim that the school district was negligent in hiring, a Riverside Superior judge ruled.

Without mentioning negligent hiring in the claim, the student, represented by his guardian, Yenny Linares, cannot bring the cause now.

The student can still bring his claims for negligent supervision, negligent supervision of school premises and negligent infliction of emotional distress.

The ruling laid out the student’s claims: He was beaten at Quail Valley Elementary School Feb. 12, 2019, to the point of requiring medical attention. He reported the beating to Principal Lily Pena. He was beaten twice Dec. 8, 2019, first by six classmates in his classroom, while his teacher witnessed. Eight students then beat him during lunch. Pena and a school supervisor saw the lunchtime beating.

Linares filed a police report, but the school supervisors did not do anything, according to the ruling.

L. v. Menifee Union School District CVRI2000324

Read the tentative ruling here.

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