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implied warranty of habitability; (4) breach of the statutory warranty of habitability;
(5) negligence/personal injury; (6) nuisance; (7) breach of the covenant of quiet
enjoyment; (8) intentional infliction of emotional distress; (9) unlawful business practice;
(10) negligent misrepresentation; and (11) wrongful eviction (violation of San Francisco
Administrative Code § 37.9).
The complaint is 22 pages long, with 139 paragraphs. After the jurisdictional
allegations and some boilerplate, the substance of Moriarty’s claims begins with
45 paragraphs of “Factual Allegations,” all of which would be incorporated in the causes
of action that followed. That substance is as follows:
In 1994 Moriarty rented the premises at 2363 Van Ness Avenue, San Francisco,
from defendants’ predecessors in interest, and he was a tenant within the definition of the
San Francisco Rent Ordinance (San Francisco Administrative Code, Chapter 37).
At various times throughout his tenancy Moriarty notified defendants and/or their
predecessors of various maintenance and repair issues required at the premises, including
for water intrusion at various locations. Most recently, Moriarty notified defendants of
surface and airborne contaminants throughout the premises, airborne contaminants that
were negatively impacting him and adversely affecting his health.
Defendants attempted to remediate the premises, which attempts were
unsuccessful, after which defendants “notified [him] they were going to commence
extensive repairs of the subject premises, . . . so [he] vacated the premises on or about
September 2010.” This was a temporary abandonment until repairs and remediation were
conducted.
In June 2011, Moriarty “learned that Defendants had chosen to permanently retain
possession of the subject premises and thereafter refused to return possession to [him] in
violation of [his] rights.” Defendants’ conduct “was intended to, and in fact did, oust
Plaintiff from the Premises,” which conduct involved 15 specific wrongs by defendants,
including failing to provide a habitable dwelling; failing to maintain and repair plumbing
fixtures; allowing water intrusion and failing to rectify it; failing to repair multiple
sources of water intrusion and remediate development of airborne contaminants; failing