Demurrer; Motion to Strike
25CV149460: MOLFINO vs CRESTVIEW INVESTMENTS LLC, et al. 05/28/2026 Hearing on Demurrer DEFENDANT CRESTVIEW INVESTMENTS, LLCS NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATON OF MEREDITH C. DOYLE; filed by Crestview Investments LLC (Defendant) CRS# 662754801671 in Department 15
Tentative Ruling - 05/26/2026 Peter Borkon
The Demurrer filed by Crestview Investments LLC on 02/13/2026 is Overruled.
The Court assumes the truth of the following allegations only for purposes of deciding this demurrer. Plaintiff Vigi Molfino (Plaintiff) is 80 years old. In February 1991, Plaintiff rented the subject premises, located at 726 45th Street, Oakland, California, for $700 per month. Defendants Crestview Investments, LLC and Marquardt Property Management purchased the property on 5/21/2019, and currently own the property. In May 2024, a small fire occurred in the subject premises which impacted one room.
Defendants forced Plaintiff to move her belongings out of the unit but required Plaintiff to continue paying her monthly rent even though she was not living there. Defendants did not inform Plaintiff of the City of Oakland temporary relocation statute or offer Plaintiff temporary relocation assistance; waited until 2/22/2025 to apply for repair permits and then remodeled more of the subject premises than the portions impacted by the fire; and refused to inform Plaintiff when she can reoccupy the subject premises. (Compl. ¶¶ 9-19.)
Plaintiff alleges that Defendants asked her to apply for a Section 8 voucher so they can charge her market rent, and delayed repairs in order to prevent Plaintiff from reoccupying the unit and to make Plaintiffs life as uncomfortable as possible such that she would eventually find a new home and terminate her tenancy at the [s]ubject [p]remises. (Id. ¶¶ 20, 21, 25.) As a result, Plaintiff suffered damages including emotional distress, discomfort and annoyance, pain and suffering, overpayment of rent, and out-of-pocket expenses.
The complaint asserts causes of action against Defendants for (1) breach of quiet enjoyment (Civ. Code § 1927); (2) breach of contract (Civ. Code § 3300 et seq.); (3) violation of Oaklands Tenant Protection Ordinance (Oakland Mun. Code § 8.22.600 et seq.); (4) intentional infliction of emotional distress; and (5) violation of Oaklands Tenant Relocation Assistance Ordinance (OMC § 15.60.040 et seq.), and seeks punitive damages.
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Crestview demurs to Plaintiffs fourth cause of action for intentional infliction of emotional distress. For the reasons set forth below, the demurrer is OVERRULED.
LEGAL STANDARD
A demurrer tests whether a complaint alleges facts sufficient to state a cause of action under any possible legal theory. (Gutierrez v. Carmax Auto Superstores California (2018) 19 Cal.App.5th 1234, 1244.) On demurrer, all material facts properly pleaded are considered as if they are true, but not contentions, deductions or conclusions of fact or law. (Lauckhart v. El Macero 25CV149460: MOLFINO vs CRESTVIEW INVESTMENTS LLC, et al. 05/28/2026 Hearing on Demurrer DEFENDANT CRESTVIEW INVESTMENTS, LLCS NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATON OF MEREDITH C.
DOYLE; filed by Crestview Investments LLC (Defendant) CRS# 662754801671 in Department 15 Homeowners Association (2023) 92 Cal.App.5th 889, 898.) Any defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.)
DISCUSSION
The elements of an IIED cause of action are: 1) extreme and outrageous conduct with the intention of causing, or reckless disregard of the probability of causing emotional distress, 2) plaintiffs severe emotional distress, and 3) causation. (See, e.g., Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209.) The alleged conduct must be so extreme as to exceed all bounds of that usually tolerated in a civilized community. (Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494.)
The complaint alleges that Defendants acted with reckless disregard of the probability that Plaintiff would suffer emotional distress by delaying repairs for more than 8 months while they knew Plaintiff did not have permanent housing; by continuing to collect rent and instructing Plaintiff to pay renters insurance while Plaintiff did not live in the subject premises; and by refusing to provide Plaintiff with temporary relocation assistance. (Compl. ¶¶ 51-52.)
Crestview argues that Plaintiffs allegations are conclusory and fail to identify any extreme or outrageous conduct by Crestview that rises to the level required to state this claim. The Court finds that the allegations are sufficient to state a claim for intentional infliction of emotional distress. Further details may be obtained through the discovery process.
The demurrer is OVERRULED.
MOTION TO STRIKE
Crestview also filed a motion to strike Plaintiffs claim for punitive damages, but secured only one reservation number for the demurrer. There is no reservation number for the motion to strike, and it does not appear on the Court's calendar. Therefore, the Court only considers the demurrer and STRIKES the motion to strike as improper.