Section 1942

Citation: Section 1942
Parent Document: Banuelos v. LA Investment CA2/1, 219 Cal. App. 4th 323 (2013)
Jurisdiction: California (state)
Effective Date: 2013-09-03
Original Source: https://www.courtlistener.com/opinion/1039610/banuelos-v-la-investment-ca21/ ↗

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      V.     THE COMPLAINT FAILS TO STATE A CAUSE OF ACTION FOR
             NEGLIGENCE.
      Banuelos alleges that the defendants “negligently refused to approve [p]laintiff’s
tenancy and negligently refuse to acknowledge the rightful tenancy created by defendants
in favor of Banuelos for Space 23 in violation of Civil Code section 798.74 and the
common law of the state of California.” (Block capitals omitted.)
      As we explained above the owners and managers of Park Granada had no statutory
duty to Banuelos under section 798.74. Banuelos does not explain what common law
duty defendants breached in refusing to acknowledge his “rightful tenancy” in Space 23.
                                        DISPOSITION
      The judgment is reversed as to the cause of action for retaliatory eviction and
affirmed as to the remaining causes of action. Each party shall bear its own costs on
appeal.
      CERTIFIED FOR PARTIAL PUBLICATION. ROTHSCHILD, J.
We concur: MALLANO, P. J. JOHNSON, J. 16

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