Murphy v. Arnel Management Co. CA4/3

STATEMENT OF FACTS1

Murphy rented an apartment through or from Arnel starting in May 2015.2 Around April of 2021, Murphy e-mailed Arnel’s agent or representative offering to stay in his apartment after the expiration of his lease if Arnel would not raise his monthly rent of $1620. Arnel did not explicitly accept or reject Murphy’s offer. After Murphy’s lease expired, Arnel did not offer a new lease. Instead, it continued to accept the same rent Murphy had been paying under his lease.

1 These facts are taken from Murphy’s first amended complaint,

the operative pleading to which the demurrer in question was sustained. 2 Murphy never explicitly alleged that Arnel was his landlord, but

neither side seems to dispute that there is a landlord-tenant relationship. We therefore presume Arnel was the landlord of the leased premises.

2 This went on for a year. In June 2022, Arnel increased Murphy’s rent. Murphy was eventually evicted.

PROCEDURAL HISTORY

Murphy filed suit on September 7, 2022. His original complaint alleged claims for breach of contract and promissory estoppel.3 Arnel filed a demurrer to the complaint. The trial court sustained the demurrer on May 2, 2023, finding the…