Feld

Feld v. Western Land & Development Co.

Good Law

1992 Cal. App. LEXIS 82·2 Cal. App. 4th 1328·4 Cal. Rptr. 2d 23·92 Daily Journal DAR 1334·92 Cal. Daily Op. Serv. 847

Court of Appeal of CaliforniaJanuary 28, 1992D013336California2,146 words

Opinion

Kremer, J.

Plaintiffs Alan and Dorothy Feld (together plaintiffs Feld) appeal judgments dismissing their lawsuit after the superior court sustained the demurrers of defendants Western Land & Development Company (Western), Rancho Carlsbad Mobile Homes (Rancho), Ronald Schwab, David Dawes, Christison, Martin, Oggel & Thomas, Christison, Martin & Oggel, Stephen Oggel, Perry Christison, Frederick Martin, Jr. and William Thomas II, to plaintiffs’ first amended complaint for malicious prosecution, intentional infliction of emotional distress, and breach of implied covenant of quiet enjoyment. We affirm the judgments of dismissal.

I

Factual Background

For purposes of reviewing the court’s order sustaining the demurrers, we accept as true the material facts properly pleaded by plaintiffs Feld. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].)

Husband and wife Alan and Dorothy Feld were tenants in a mobilehome park owned by Western, Rancho, and their principals Schwab and Dawes (together Landlords). Landlords also owned and operated a related mobile-home sales agency.

In 1980 a dispute arose between Landlords and park tenants involving rent increases. Alan…

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