Lindquist

Lindquist v. Arthur L. Herman, LLC CA2/1

Good Law
Court of Appeal of CaliforniaJuly 28, 2015B256218California2,569 words

Opinion

Opinion

Johnson, J.

FACTS AND BACKGROUND

On September 24, 2013, Lindquist filed a complaint against Arthur Herman Family, LLC, individual members of the Herman family, and the family’s property manager Bradley Jakobsen (collectively, Herman), as well as the family’s attorney Rosario Perry, alleging breach of contract, lease, and implied warranty of habitability; conversion; nuisance and negligence; abuse of process; negligent infliction of emotional distress; intentional infliction of emotional distress; and breach of the covenant of good faith and fair dealing. Since he signed a rental agreement in December 1985, Lindquist had been a tenant in an apartment in a building Herman owned on Montana Avenue in Santa Monica. In 2004, a crack appeared in the concrete slab floor in his apartment, causing numerous problems. Lindquist also alleged that the apartment building was in general disrepair, and that asbestos in his apartment was a health hazard. When Lindquist sought repairs of the foundation (among other repairs), Herman and attorney Perry “used this ruse to issue the ‘three day notice’ designed to rid the Defendants of Plaintiff’s tenancy rather than restore the floor by falsely stating that…

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