Stoiber

*911 Opinion

These consolidated proceedings (three appeals and a petition for writ of mandate) arise from a lawsuit filed by appellant-petitioner Mary Stoiber (hereinafter appellant) against William T. Earley and Ruth V. Earley, owners of the premises which had been occupied by appellant and her family under a month-to-month tenancy. The suit also names Irene Honeychuck, Frank P. Smith Realty and Management, Inc., Ron Perkins and Doe defendants as managing agents of the premises. Appellant seeks to hold the owners and managing agents liable for damages resulting from the dilapidated and unsafe condition of the rented premises. 1 Appellant alleged six causes of action based on the following theories: breach of warranty of habitability, nuisance, intentional infliction of emotional distress, negligent violation of statutory duty, constructive eviction, and injunctive relief from unlawful business practices. The trial court sustained various demurrers and granted defense motions for judgment on the pleadings to the end that all causes of action were stricken from the complaint other than the first cause of action for breach of warranty of habitability against William T. Earley as…

I concur and wish to comment further upon a few points.

The principal opinion states that we do not write upon a clean slate. This need be emphasized lest this court be accused of judicial legislation. Being faithful to precedent and to our judicial duty, the result herein is compelled. All of the judicial legislating has already been done in such opinions as Green v. Superior Court (1974) 10 Cal.3d 616 [ 111 Cal.Rptr. 704 , 517 P.2d 1168 ] and Rowland v. Christian (1968) 69 Cal.2d 108 [ 70 Cal.Rptr. 97 , 443 P.2d-561, 32 A.L.R.3d 496 ] by which we are bound. The body of appellate court opinions following the principles enunciated in Green and Rowland and other Supreme Court precedent clearly foreshadow the result herein. The principal opinion is nothing more than a careful articulation of the principles already set forth in judicial precedent as applied to the facts alleged in the complaint, which we must, of course, upon demurrer assume to be true.

This leads to the second point. We do not pass upon any defenses to the action, such as waiver, consent, assumption of risk, estoppel, and laches, which may exist. Though at this stage we must assume all the facts alleged are true,…

These consolidated proceedings (three appeals and a petition for writ of mandate) arise from a lawsuit filed by appellant-petitioner Mary Stoiber (hereinafter appellant) against William T. Earley and Ruth V. Earley, owners of the premises which had been occupied by appellant and her family under a month-to-month tenancy. The suit also names Irene Honeychuck, Frank P. Smith Realty and Management, Inc., Ron Perkins and Doe defendants as managing agents of the premises. Appellant seeks to hold the owners and managing agents liable for damages resulting from the dilapidated and unsafe condition of the rented premises. [1] Appellant alleged six causes of action based on the following theories: breach of warranty of habitability, nuisance, intentional infliction of emotional distress, negligent violation of statutory duty, constructive eviction, and injunctive relief from unlawful business practices. The trial court sustained various demurrers and granted defense motions for judgment on the pleadings to the end that all causes of action were stricken from the complaint other than the first cause of action for breach of warranty of habitability against William T.…