Dostie

BACKGROUND

In November 2020, Dostie filed this action against Marowitz asserting causes of action, among others, for: (1) constructive eviction; (2) negligence; (3) private nuisance; (4) breach of the covenant of good faith and fair dealing; (5) violation of Oakland’s Tenant Protection Ordinance (TPO) (Oakland Mun. Code, § 8.22.600 et seq.); (6) violation of the Unruh Civil Rights Act (Unruh Act) (Civ. Code, § 51); (7) discrimination under the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); and (8) intentional infliction of emotional distress (IIED). Dostie alleged numerous housing defects related to an attic room they had rented from Marowitz from 2013 to 2018. Dostie also alleged that, as a nonbinary transgender individual with autism and moderate hearing loss, Marowitz discriminated against Dostie by refusing to properly gender them, mocking their gender identity, refusing to provide accommodations after a surgery, and asking them to move out. Dostie alleged that they had suffered severe emotional distress as a result of Marowitz’s conduct. In May 2021, Marowitz filed a general denial to the complaint. In December 2021, Marowitz moved for summary judgment.…