Von Beltz v. Bentley Homes CA2/2

BACKGROUND

Plaintiff and appellant Heidi Von Beltz filed suit against defendants and respondents Bentley Homes, LLC (Bentley), Jay Wiener, and Melvin Wiener in July 2011. Her operative first amended complaint (FAC), filed in November 2011, alleged that Jay and Melvin Wiener were managing agents of Bentley, a business that actively engaged in the sale and rental of residential real property. Von Beltz was forced by defendants to vacate the residence in which she was living pursuant to a notice to vacate and writ of possession posted at the property in August 2011. According to the FAC, the eviction came despite information given to Jay Wiener in July 2011 that Von Beltz was physically disabled and that there were a number of parties who were prepared to purchase the property in order to avoid disruption to Von Beltz. Jay Wiener was requested to provide an accommodation delaying Von Beltz’s removal from the property. Defendants, however, refused to accommodate Von Beltz, and her forced removal from the property (which had been specially altered for her physiological needs) subjected her to potentially life-threatening consequences. Based on these allegations, the FAC asserted a…