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Case Dismissed On Demurrer, OLG Then Obtains Order Dismissing Appeal


The Los Angeles Superior Court sustained OLG’s demurrer to plaintiff’s complaint with ten theories of liability including Breach of Contract, Violation of Cal. Civ. Code § 1940.2(a)(3)- use of threats or force to influence a tenant to vacate, Breach of Implied Covenant of Quiet Enjoyment, Negligent Hiring and Supervision, Violation of Cal. Civ. Code § 52.1- Bane Act hate crimes, Violation of Unfair Business Practices Act, Fraud, Breach of Implied Promise of Good Faith and Fair Dealing, Loss of Quiet Possession During the Lease Term, and Intentional Misrepresentation. The trial court entered judgment for OLG’s client.

Plaintiff then filed an appeal. OLG filed a motion to dismiss the appeal as untimely, being outside the sixty day period to file a notice of appeal despite plaintiff motions to vacate the trial court ruling after the hearing. The Second District Court of Appeal agreed with OLG that plaintiff’s appeal was untimely and dismissed it, awarding OLG’s client its costs.

Jinny Ahn Cain wrote the prevailing demurrer, Joel Witzman wrote the motion to dismiss the appeal.