Winslett v. 1811 27th Avenue, LLC (2018)

Citation: Winslett v. 1811 27th Avenue, LLC (2018)
Parent Document: Winslett v. 1811 27th Avenue, LLC (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/4526968/winslett-v-1811-27th-avenue-llc/ ↗

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         The stipulated dismissal included a waiver of Sagi’s claims for rent and daily
damages through June 4, 2015 (the date Winslett moved out), a waiver of claims on both
sides for fees and costs incurred in the unlawful detainer action, and a waiver of Winslett’s
claim to her security deposit and last month’s rent. The settlement terms do not mention
any other claims and include no general mutual release of claims.
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         The pleaded claims in the operative first amended complaint are for: (1) tortious
breach of the implied warranty of habitability (§ 1941); (2) contractual breach of the
implied warranty of habitability (§ 1941); (3) violation of section 1942.4; (4) breach of
contract (§ 3300 et seq.); (5) breach of quiet enjoyment (§ 1927); (6) private nuisance
(§ 3501 et seq.); (7) premises liability (§ 1714); (8) retaliation in violation of section 1942.5,
subdivision (d); (9) negligence; (10) violation of the Oakland Just Cause Ordinance
(Oakland Mun. Code, § 8.22.300 et seq.); (11) violation of the Oakland Tenant Protection
Ordinance (Oakland Mun. Code, § 8.22.600 et seq.); (12) constructive eviction—
negligence; (13) unfair business practices (Bus. & Prof. Code, §§ 17200 et seq., 17500);
(14) fraud; and (15) retaliatory eviction.

Other Sections in This Document (44)

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