Mesa v. CBC Cleaning and Restoration CA2/8

Filed 11/30/22 Mesa v. CBC Cleaning and Restoration CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

LUIS MESA, JR., et al., B312957

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. 19STCV45950) v.

CBC CLEANING AND RESTORATION, INC.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Michael L. Stern, Judge. Affirmed.

Gary Rand & Suzanne E. Rand-Lewis Professional Law Corporations and Suzanne E. Rand-Lewis for Plaintiffs and Appellants.

Yukevich | Cavanaugh, James J. Yukevich, Todd A. Cavanaugh and Michael D. Johnson for Defendant and Respondent. **********

Plaintiffs and appellants Luis Mesa, Jr., Katherine Mesa, Luis Mesa, Sr., Garrett H. Mesa, Bailey S. Mesa, and Kendall T. Mesa, brought this action for damages arising from allegedly uninhabitable conditions in their leased home. The trial court granted judgment on the pleadings in favor of defendant and respondent CBC Cleaning and Restoration, Inc. (CBC). Plaintiffs contend on appeal the motion was untimely, all claims against CBC were adequately pled and, alternatively, if there were any pleading defects, the trial court abused its discretion by failing to grant plaintiffs leave to amend. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In September 2014, the Mesa family leased a two-story, single-family home in the Santa Clarita Valley from defendants Eric and Laura Monney. (The Monneys are not parties to this appeal.) Plaintiffs renewed the lease with the Monneys in 2016 and again in 2018. After living in the house four years, plaintiffs first reported to the Monneys in December 2018 that the shower door in the upstairs master bathroom had broken and appeared to reveal a mold problem in the adjacent flooring and walls. A month later, when the Monneys’ handyman still had not arrived to repair the problem, plaintiffs advised the Monneys the issue with the shower door seemed to be causing water to seep into the floor and the ceiling of the downstairs dining room. Over the next five months, plaintiffs continued to have problems in the home, primarily related to the water intrusion that resulted in the growth of mold. Remediation efforts were undertaken by contractors hired by the Monneys, but in May