Rodriguez vs. Sagar Hotels, Inc.

210 Rodriguez vs. Demurrer Sagar Hotels, Inc. The general demurrer of defendant Sagar Hotel, Inc., to the third and fifth cause of action in the complaint of plaintiffs Debbie Rodriguez, individually and as GAL for minor plaintiffs Melanie Pinto and Aiden Pinto, and Carlos Pintos is SUSTAINED with 20 days’ leave to amend.

The third cause of action for intentional infliction of emotional distress

The allegations in the third cause of action are conclusory and not supported by facts. (Hughes v. Pair (2009) 46 Cal.4th 1035, 1050.) Plaintiffs allege, without supporting facts, that defendant engaged in a “knowing, intentional, and willful” failure to eliminate all bed bug and vermin infestations and remediate the contamination and that this conduct “was so extreme and outrageous as to go beyond all bounds of decency.” (See complaint, ¶ 76.) Plaintiffs also allege that defendant knew that its conduct would result in plaintiffs’ severe past and presently ongoing mental and emotional distress and that it acted with reckless disregard for that emotional distress. (See complaint, ¶ 79.)

The demurrer to this cause of action is sustained with leave to amend.

The fifth cause of action for fraudulent concealment

The allegations in the fifth cause of action are merely conclusions with the exception of an allegation in paragraph 102 that an employee or agent named Mike was aware of the existence of bed bugs on the premise and in the hotel room. The allegations in paragraph 110 are particularly lacking because, in an attempt to hold the entity liable for punitive damages, plaintiffs merely plead

three different conclusions in the alternative. (See Los Angeles Memorial Coliseum Commission v. Insomniac, Inc. (2015) 233 Cal.App.4th 803, 831.)

The demurrer to this cause of action is sustained with leave to amend.

Motion to Stike The motion of defendant Sagar Hotels, Inc., to strike portions of the complaint of plaintiffs Debbie Rodriguez, individually and as GAL for minor plaintiffs Melanie Pinto and Aiden Pinto, and Carlos Pintos is MOOT in part and GRANTED in part.

The motion is MOOT as to items 1 through 6 in the notice of motion, which seek to strike paragraphs 87 and 88, which are in the third cause of action for intentional infliction of emotional distress and paragraphs 102, 105, 106, 110, which are in the fifth cause of action for fraud based on concealment.