Complaint; Filed by: Lisa Roth (Plaintiff); As to: THE PERCH PROJECT, LLC (Defendant); ROUNDHOUSE COMMUNITIES, LLC (Defendant); ABRA MANAGEMENT, INC. (Defendant) et al. July 18, 2024 (2024)

 
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 1 DAN ROWAN CORTRIGHT, SBN 206856 THE ROWAN FIRM 2 PO Box 2061 Sebastopol, California 95473 3 707-360-1009 dan@therowanfirm.com 4 Attorneys for Plaintiff 5 LISA ROTH 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF LOS ANGELES1011 LISA ROTH, an individual, ) Case No.: )12 Plaintiff, ) COMPLAINT FOR: )13 vs. ) 1. Violation of the CA Fair Employment ) And Housing Act, THE PERCH PROJECT, LLC DBA THE ) 2. Violation of The Unruh Civil Rights Act,14 PERCH APARTMENTS, a Delaware limited ) 3. Breach of Contract, liability company; ROUNDHOUSE ) 4. Breach of The Covenant of Quiet15 COMMUNITIES, LLC, a Delaware limited ) Enjoyment/Warranty of Habitability, liability company; 4247 Eagle Rock #200Q, LP, a ) 5. Negligent Violation of Statutory Duty,16 California limited partnership; ABRA ) 6. Constructive Eviction; MANAGEMENT, INC., a California corporation; ) 7. Negligence/Premises Liability; and17 SAMANTHA GORMAN, an individual; and ) 8. Intentional Infliction of Emotional DOES 1-30, inclusive, ) Distress18 ) Defendants. )19 ) Jury Trial Demanded20 COMES NOW Plaintiff Lisa Roth (“Plaintiff”) and alleges as follows:21 INTRODUCTION22 1. Plaintiff brings this action against Defendants THE PERCH PROJECT, LLC DBA23 THE PERCH APARTMENTS; ROUNDHOUSE COMMUNITIES, LLC, 4247 Eagle Rock #200Q,24 LP, ABRA MANAGEMENT, INC., SAMANTHA GORMAN, and DOES 1-30 (collectively,25 126 COMPLAINT 1 "Defendants") for unlawfully and intentionally discriminating against Plaintiff because of her 2 disability/handicap and denying Plaintiff equal access to the dwelling/housing accommodation 3 located 4247 Eagle Rock Blvd, Unit 316, Los Angeles, CA 90065 (the "Accommodation"), which 4 Defendants own/owned, operate/operated, or otherwise control/ controlled, as well as for breach of 5 contract, breach of the covenant of quiet enjoyment/breach of the warranty of habitability, 6 fraud/intentional misrepresentation, negligence/premises liability, and intentional infliction of 7 emotional distress. 8 PARTIES 9 2. Plaintiff is a natural person. At all times relevant to this Complaint, Plaintiff is and10 has been considered disabled.11 3. At all times mentioned herein, defendant The Perch Project, LLC dba The Perch12 Apartments (the “Perch”) was, on information and belief, a Delaware limited liability company.13 4. At all times mentioned herein, defendant 4247 Eagle Rock #200Q, LP (“4247 LP”)14 was, on information and belief, a California limited partnership.15 5. At all times mentioned herein, defendant ABRA Management, Inc. (“ABRA”) was,16 on information and belief, a California corporation.17 6. At all times mentioned herein, defendant Roundhouse Communities, LLC18 (“Roundhouse”) was, on information and belief, a Delaware limited liability company.19 7. At all times mentioned herein, defendant Samantha Gorman (“Gorman”), who was20 an employee of ABRA, is an individual residing, on information and belief, in California.21 8. The true names and capacities, whether individual, corporate, or otherwise of the22 defendants named in this Complaint as Does 1 through 30, inclusive, are unknown to Plaintiff.23 Plaintiff is informed and believes, and on that basis alleges, that each of said fictitiously named24 defendants is liable to Plaintiff on some or all of the causes of action herein alleged and therefore25 226 COMPLAINT 1 Plaintiff sues said defendants by said fictitious names. Plaintiff will move to amend this Complaint 2 when the true names and capacities of said fictitiously named defendants are ascertained. 3 THE ACCOMODATION 4 9. The Accommodation is a building, structure, or portion thereof, which is intended for 5 occupancy as a residence by one or more persons. 6 JURISDICTION AND VENUE 7 10. This Court has jurisdiction over all causes of action asserted in this Complaint 8 pursuant to California Constitution, Article VI, § l0 and California Code of Civil Procedure §410.10 9 because the acts and omissions alleged herein were committed in the State of California, County of10 Los Angeles, because this is a civil action wherein the matter in controversy, exclusive of interest, is11 greater than $35,000, and because this case is a cause not given by statute to other trial courts.12 11. Venue is proper in this Court pursuant to California Code of Civil Procedure §395,13 because these claims are asserted in a complaint filed in this venue, Plaintiff resides and was injured14 in this county, defendants reside, on information and belief, and/or transacted business within Los15 Angeles County, and the injury was caused in Los Angeles County.16 FACTUAL ALLEGATIONS17 12. Plaintiff suffers from a disability and/or medical condition(s) that is/are a disability.18 13. Plaintiff suffers from Mast Cell Activation Syndrome, MCS (multiple chemical19 sensitivity), limbic system impairment, extreme temperature dysregulation and uncontrollable20 vomiting caused by a severe mold allergy. Plaintiff has been disabled with her conditions since21 approximately 2019/2020, and also now suffers from neuropathy and other symptoms acquired22 while living in the Accommodation, including the inability to use her hands because of shaking23 tremors and pain, nerve damage, central nervous system damage, cognitive impairment, and24 Plaintiff’s inability to swallow food or water. Plaintiff’s disability symptoms substantially limit and25 greatly affect her major life activities. 326 COMPLAINT 1 14. Plaintiff deals with the symptoms of her various disabilities on a daily basis. 2 15. During Plaintiff’s tenancy at the Accommodation, defendants owned, operated, 3 managed or controlled the Accommodation. Plaintiff began residing at the Accommodation in 4 April 2020. 5 16. Starting on April 26, 2020, Plaintiff’s unit air conditioner began leaking water and 6 making a loud noise, which continued throughout her tenancy until early 2023. Plaintiff continually 7 reported this issue to the various property manager defendants over the nearly three years she lived 8 there, and defendants sent several maintenance persons to inspect and repair the unit. However, 9 some told Plaintiff there was nothing wrong with her air conditioner, others told her they did not10 know how to fix the problem, others told her she needed to clean the dust in her apartment as that11 was causing the A/C unit to malfunction. Even after contacting her own air conditioner technician12 to repair the air conditioner, who told Plaintiff the A/C unit was installed improperly and attempted13 to repair it, the A/C unit still did not work and continued to leak water on the concrete floor of14 Plaintiff’s apartment unit.15 17. In fact, as a result of the standing water leaking from her A/C unit, Plaintiff slipped16 and fell, twice, becoming injured as a result of her falls.17 18. As a result of the standing water from the leaking A/C unit and the resulting mold18 growth in the A/C ducts/unit and chemicals being emitted thereby, Plaintiff began experiencing19 increased symptoms of her severe mold allergy, as well as new and different medical symptoms,20 including significant neuropathy, an increase in her uncontrollable violent vomiting, internal21 tremors, inability to use her hands because of shaking tremors and pain, nerve damage, central22 nervous system damage, antibiotic resistant bacterial infections, chronic urinary tract infections that23 were not responsive to antibiotics (Plaintiff had infections the entire time she lived there, every24 single day), cognitive impairment, early menopause, fatty liver, anxiety, respiratory issues and25 Plaintiff’s inability to swallow food or water. 426 COMPLAINT 1 19. Beginning on April 5, 2020, Plaintiff requested maintenance/repairs and 2 accommodations to alleviate her symptoms from the mold allergy and chemical sensitivity she was 3 experiencing in her unit. Such accommodation requests included an air conditioner capable of 4 reducing the temperature in her unit below 71 degrees (it was locked at this temperature and would 5 not go lower) and that does not leak water and make a loud ringing noise nearly constantly, and that 6 her bathroom exhaust fan to be turned on (it was not turned on when she moved in, resulting in 7 there being absolutely no ventilation). 8 20. Defendants Roundhouse and Perch did not adequately repair the broken air 9 conditioner, breaching their lease agreement with Plaintiff. Thereafter, defendants ABRA, 4247 LP10 and Gorman also refused to provide Plaintiff with a working air conditioner unit until nearly the end11 of her tenancy. These defendants’ refusal was also a breach of the Lease Contract terms that12 applied to them pursuant to its terms.13 21. Plaintiff made additional requests for accommodation to defendants during June14 2021 when she requested repair to the elevator nearest her apartment due to her severe illness not15 permitting her feasibly to use the other elevator on the far side of the large building. Further,16 Plaintiff began at this time to receive electric shocks from her clothes drying machine which was17 also producing lint that burned her skin when touched. Further, while showering in her unit,18 Plaintiff’s skin was burned by the water, which likely had a high chlorine or other chemical content19 to which Plaintiff was allergic/intolerant.20 22. Defendants Roundhouse and Perch refused to maintain a working elevator, to21 remedy the water contamination issue or to repair Plaintiff’s dryer such that she would not receive22 burns or electric shocks from it.23 23. At the end of April/early May 2022, after her leaking air conditioner unit had still not24 been replaced or repaired, despite multiple requests, Plaintiff slipped and fell on the wet concrete25 526 COMPLAINT 1 floor of her unit twice becoming injured. She reported these falls/injuries to defendants ABRA, 2 4247 LP and Gorman, yet no response was received from any defendant. 3 24. In June 2022, ABRA’s property manager employee Mayra Ruiz informed Plaintiff 4 that management was closing one of the two garbage rooms where the trash bins are stored for 5 residents of all 59 units in the Accommodation. Subsequent to this, there was inadequate space for 6 all residents’ trash to be safely and sanitarily disposed of. 7 25. In August 2022, Plaintiff again complained to defendants of the A/C unit leaking 8 water onto her floor and requested that she be permitted to have her own air conditioning technician 9 come repair the unit, but defendants refused saying they would provide their own repairman. The10 A/C unit did not get fixed.11 26. From August 19-22, 2022, Plaintiff reported lower right back pain to her doctor,12 which at the time she did not realize was the result of her slip and falls in early May. Furthermore,13 at this time Plaintiff’s teeth began breaking resulting in horrific mouth and tongue cuts. This14 symptom she later found out was related to the many conditions in her unit at the Accommodation15 that she reported many times (water contamination, mold, chemicals).16 27. In September 2022, defendants ABRA/4247 LP’s building maintenance man at the17 Accommodation, Diego, saw Plaintiff faint twice and become violently ill (vomit) in front of him as18 a result of her reaction to the conditions inside her apartment. In addition, defendant Gorman19 emailed Plaintiff indicating that their A/C technicians found nothing wrong with her A/C unit and20 consider the matter closed, despite the fact the A/C unit still leaked a tremendous amount of water21 (causing a slip/fall hazard) and was still making a horrible noise. Gorman later physically assaulted22 Plaintiff during the replacement of the A/C unit.23 28. In October 2022, Plaintiff discovered from her neighbors at the Accommodation that24 their A/C units were also unmaintained and leaking water and that the filters were not changed25 regularly. On October 17, 2022, Plaintiff made another accommodation request to ABRA 626 COMPLAINT 1 indicating her health issues had gotten so severe that she was extremely concerned for her medical 2 health. This request also included a request that proper notice be given to enter her unit, as Diego, 3 the maintenance man opened Plaintiff’s door once while she was unclothed and vomiting violently, 4 causing Plaintiff extreme embarrassment, emotional distress and humiliation. Defendants refused to 5 accommodate Plaintiff’s request for a 2-hour maintenance window such that these events could be 6 avoided. Her illnesses caused her to become violently ill frequently, and she informed defendants 7 that just showing up after providing 24 hours’ notice for the maintenance call was insufficient to 8 allow her to be in a position to permit the maintenance man entry to her unit. 9 29. Defendants’ management was not helpful or respectful and treated Plaintiff as if she10 were mentally ill and unstable. And at this time, Plaintiff began to have burning in her hands and11 arms, her hands and arms were going numb, she was unable to remember anything at all, especially12 while she was speaking. She could not remember what she was even talking about and began to13 hallucinate. She had horrific pulsatile tinnitus that she never had before, had word recall problems14 and horrific neuropathy. She discovered about this time that these symptoms were being caused by15 the conditions in her unit at the Accommodation. Defendants continued to tell Plaintiff that her A/C16 unit was dusty (she had informed them of her severe dust and dust mite allergies) and she needed to17 clean it. Apparently, the A/C unit had never been cleaned by any of defendants’ maintenance18 workers or A/C techs they sent to inspect/repair it.19 30. Starting in October 2022, Plaintiff began having her apartment tested for mold and20 discovered there was significant mold presence caused in part by the leaking A/C unit and21 uncleaned A/C ducts. She then discovered that her increased and severe medical symptoms were in22 fact caused by the conditions in her unit that defendants failed to remediate/repair despite her23 multiple and repeated requests.24 31. Plaintiff also performed at-home water contamination tests on her shower water to25 discover that the water provided to her unit was drastically contaminated, which further added to 726 COMPLAINT 1 her injuries and medical symptoms. 2 32. Also, in November 2022, Plaintiff requested from defendant ABRA to have 3 independent environmental testing on her A/C unit and her apartment, but ABRA did not respond to 4 these requests. 5 33. At this time, Plaintiff had become bedridden due to her severe medical symptoms. 6 Throughout her tenancy at the Accommodation, she was required to add more and more 7 medications to alleviate her symptoms. She was overheating (due to her extreme heat intolerance), 8 requiring her to run her A/C unit nearly constantly. Of course, until this time she had not realized it 9 was her A/C unit contributing to her sickness.10 34. In December 2022, after Plaintiff sent defendants her own environmental testing11 reports indicating the A/C unit was contaminated and causing mold in her unit, ABRA finally12 replaced her A/C unit, long after Plaintiff was made severely sicker by having it run for nearly three13 years without proper maintenance. Additionally, at this time, Plaintiff provided defendants with a14 doctor’s letter indicating her apartment conditions were making her so ill that she could not stay one15 more minute in that unit at the Accommodation without risking her very life. ABRA refused to16 provide alternate accommodations for Plaintiff, despite her request for same.17 35. Moreover, on the day the A/C unit was replaced, defendant Gorman physically18 prevented Plaintiff from even watching the unit being replaced to ensure proper safety and19 environmental protocols were being utilized. Gorman even physically assaulted Plaintiff during this20 time in an attempt to prevent Plaintiff from seeing the work being done. Gorman chased Plaintiff21 down the hallway screaming at Plaintiff: “THAT IS NOT YOUR PROPERY!!” referring to22 Plaintiff’s attempt to see the A/C unit replacement work. When Plaintiff attempted to return to her23 apartment, Gorman body-checked Plaintiff, physically assaulting her to block Plaintiff’s attempt to24 enter her apartment.25 826 COMPLAINT 1 36. Plaintiff saw that the workmen doing the replacement had absolutely no safety 2 protocols in place and did a “smash and grab” replacement of the A/C unit leaving contaminants 3 everywhere around Plaintiff’s apartment, including 27,000 spores of Cladosporium mold in the air 4 in her unit. 5 37. Also, while removing the A/C unit, defendants sprayed chemicals inside Plaintiff’s 6 unit, despite her having repeatedly informed them previously of her severe chemical intolerance 7 disability. 8 38. Plaintiff had previously requested that ABRA provide her with the time of the A/C 9 unit replacement so that she could ensure independent environmental testing could be done of the10 inside of the unit and her air ducts. ABRA refused. However, after Plaintiff got violently ill in11 front of Gorman and the others performing the replacement, they all left her apartment and Plaintiff12 had the ducts tested. However, because ABRA/Gorman did not honor Plaintiff’s request to have13 her own testing done on the old A/C unit and had their own testing done, Plaintiff’s independent14 environmental testing agent refused to do any testing claiming the old unit’s parts had been15 contaminated.16 39. With the air ducts exposed in Plaintiff’s unit containing the Cladosporium spores,17 she suddenly could not breathe, her internal vibrating was extremely debilitating, and she had18 seizures while sitting in her car. Plaintiff was forced to take an ambulance for medical help.19 40. ABRA stated they needed to leave the air scrubber in Plaintiff’s apartment for 2420 hours after removing her old A/C unit. However, Plaintiff’s doctor’s orders were that no air21 scrubber could be in her apartment while she was there, as it disturbed the particles that were22 harming Plaintiff. When Plaintiff returned from her hospital visit, the air scrubber was still on, and23 Plaintiff had an immediate reaction and could not breathe. She emailed ABRA management about24 the issue, but they told her to stay in the apartment and told her that it was fine to sleep in the25 926 COMPLAINT 1 apartment with the air scrubber on. ABRA management are not medical professionals, and this 2 advice directly contradicted Plaintiff’s own medical professional’s advice. 3 41. When Plaintiff stopped paying rent as a result of her being forced to live in an 4 uninhabitable unit causing her so much illness and distress, ABRA threatened to evict her forcing 5 Plaintiff to continue paying rent for a unit at the Accommodation that was far below health and 6 safety standards and was indeed uninhabitable and a serious threat to her health. 7 42. As a result of the extreme presence of mold in her unit at the Accommodation and 8 Plaintiff’s severe mold allergy, she was forced to throw out all of her belongings/clothes. Plaintiff 9 hired an expensive independent environmental professional to inspect her unit and provide reports.10 These reports are attached hereto collectively as Exhibit A and confirm the presence of mold and11 various harmful chemicals and metals, flame retardants, toxins and Stachybotrous/mucor (black12 mold) and more. This professional also discovered there was never a filter from outside air for13 Plaintiff’s A/C unit (a discrete code violation). He confirmed that all units in the Accommodation14 were likely built the same way. He further confirmed Plaintiff’s unit had no ventilation which15 caused Plaintiff’s unit to reach 76 degrees with no heat on (a significant problem for Plaintiff’s16 extreme temperature intolerance).17 43. In addition to the foregoing, Plaintiff’s two dogs had seizures in her apartment, and18 one had a horrible skin infection that looked like flesh-eating bacteria all over his head. When19 Plaintiff got a new dog (after the other two died), the new dog also began to have seizures in the20 apartment. As soon as Plaintiff moved out, this new dog’s seizures stopped.21 44. During 2022, as a direct result of the conditions in her apartment and her symptoms22 caused thereby, Plaintiff lost the use of her hands almost completely and had to begin using scissors23 to open anything.24 45. Plaintiff had searched for alternative living conditions, but due to the COVID25 pandemic her search proved unfruitful. She was finally able to move out of the Accommodation in 1026 COMPLAINT 1 early 2023, but not until after suffering from severe medical symptoms and becoming subject to 2 several new medical conditions/injuries received while she lived there. 3 FIRST CAUSE OF ACTION 4 Violations of the California Fair Employment and Housing Act - Cal. Gov. Code§§ 12900 et seq. 5 (Against all Defendants) 6 46. Plaintiff hereby incorporates all previous paragraphs as if they have been fully stated 7 herein. 8 47. The Accommodation was and is a housing accommodation. 9 48. Plaintiff is a person with disabilities defined under state law. She suffers from: Mast10 Cell Activation Syndrome, MCS (multiple chemical sensitivity), limbic system impairment,11 extreme temperature dysregulation and uncontrollable vomiting caused by severe mold allergy, as12 well as several other conditions that arose from exposures during her time at the Accommodation13 including neuropathy, an increase in her uncontrollable vomiting, internal tremors, inability to use14 her hands because of shaking tremors and pain, nerve damage, central nervous system damage,15 cognitive impairment, and Plaintiff’s inability to swallow food or water.16 49. Defendants own/owned, operate/operated, manage/managed or otherwise17 control/controlled a building or structure, or a portion thereof, occupied as or designed or intended18 for occupancy as a residence by one or more persons.19 50. It is unlawful for Defendants to discriminate against Plaintiff because of Plaintiff's20 disabilities.21 51. Defendants intentionally discriminated against Plaintiff because of Plaintiff's22 disabilities as more fully set forth herein. Defendants have made unavailable or otherwise denied23 full and equal access to a dwelling to Plaintiff on the basis of her disabilities.24 52. Defendants' policy of denying persons with disabilities full and equal access had a25 discriminatory effect against people with disabilities, such as Plaintiff. 1126 COMPLAINT 1 53. Defendants have refused to engage in the interactive process, to provide needed 2 repairs when requested regarding the issues surrounding Plaintiff’s accommodation requests, and 3 failed to provide a reasonable accommodation to Plaintiff after same was requested several times. 4 54. Further, Defendants made statements that indicate a preference, limitation, or 5 discrimination, with respect to a housing accommodation, on a disallowed basis: specifically, 6 disability. 7 55. Plaintiff has been injured as result of Defendants' conduct, including, but not limited 8 to, physical and mental injury, emotional distress, humiliation, and embarrassment. 9 56. Plaintiff seeks actual damages, punitive damages, an injunction, reasonable10 attorney's fees and costs, including expert witness fees if applicable, and any other such relief the11 court deems appropriate.12 57. Wherefore, Plaintiff prays for judgment as set forth herein.13 SECOND CAUSE OF ACTION14 Violations of the Unruh Civil Rights Act - California Civil Code §§51-5315 (Against ABRA, 4247 LP and Samantha Gorman)16 58. Plaintiff hereby incorporates all previous paragraphs as if they have been fully stated17 herein.18 59. The Accommodation is a business establishment, which applicable law defines to19 include residential dwellings.20 60. Defendants intentionally discriminated against Plaintiff because of Plaintiff’s21 disabilities.22 61. Defendants' acts and omissions with regard to the discriminatory treatment of23 Plaintiff on the basis of Plaintiff’s disabilities, have been in violation of California Civil Code §§5124 and 51.5, the Unruh Civil Rights Act, and have denied to Plaintiff the right to full and equal25 accommodations, advantages, facilities, privileges, or services in a business establishment. 1226 COMPLAINT 1 62. Plaintiff was harmed by Defendants’ discriminatory actions. 2 63. Defendants’ conduct was a substantial factor in causing Plaintiff’s harm. 3 64. As a result of the violation of Plaintiff’s civil rights protected by California Civil 4 Code §§51 and 51.5, Plaintiff is entitled to the rights and remedies of California Civil Code §52, 5 including a trebling of actual damages, minimum statutory damages, as well as reasonable attorneys' 6 fees and costs, as allowed by statute, according to proof, and Plaintiff seeks the same. 7 65. Plaintiff also seeks to enjoin Defendants from further violating disabled persons’ 8 rights. 9 66. Wherefore, Plaintiff prays for judgment as set forth herein.10 THIRD CAUSE OF ACTION11 Breach of Contract12 (Against Perch and 4247 LP)13 67. Plaintiff hereby incorporates all previous paragraphs as if they have been fully stated14 herein.15 68. On March 25, 2020, Plaintiff and defendant Perch entered into a Lease Contract for16 Plaintiff to rent the Accommodation for a term of 14 months from April 4, 2020 to June 3, 2021. A17 true and correct copy of this Lease Contract is attached hereto as Exhibit B.18 69. Regarding air conditioning, the Lease Contract specifically states in paragraph 27:19 “If air conditioning or other equipment malfunctions, you must notify our representative as soon as20 possible on a business day. We’ll act with customary diligence to make repairs and reconnections.”21 However, despite this affirmative promise in the Lease Contract and Plaintiff’s multiple written22 requests for repair to her air conditioning unit, Perch did not act “with customary diligence to make23 repairs” thereto, leaving constant dripping water on Plaintiff’s floor which caused her physical24 injury twice. Perch’s failure to repair the air conditioner is a breach of their own lease term.25 70. Moreover, the Lease Contract states, at paragraph 37, that: “This Lease Contract 1326 COMPLAINT 1 binds subsequent owners.” Thus, 4247 LP and its agent ABRA were bound by the terms of the 2 Lease Contract as well to make repairs “with customary diligence” and they failed to do so as well. 3 Additionally, attached hereto as Exhibit C is a true and correct copy of the Residential Lease/Rental 4 Agreement entered into between Plaintiff and 4247 LP on or about 7/14/22. 5 71. Throughout Plaintiff’s tenancy at the Accommodation, defendants continued to fail 6 to repair numerous issues with her unit, including the leaking air conditioner which caused a 7 constant water hazard on which Plaintiff was injured twice, and even resorted to spraying chemicals 8 in her unit while attempting repairs, knowing Plaintiff was highly sensitive and susceptible to injury 9 from such chemicals. Plaintiff had told defendants on numerous occasions of her medical10 conditions and extreme sensitivity to any chemicals, yet defendants’ employees failed and refused11 to provide her with the accommodation of refraining from using such harmful chemicals in her unit12 or in her presence.13 72. Defendants’ actions as herein described were in breach of the terms of her leases14 with defendants, as well as in breach of the warranty of habitability and covenant of quiet15 enjoyment implied in every residential lease agreement.16 73. As a result of defendants’ actions, Plaintiff was severely harmed and suffered17 damages in an amount to be proven at trial, but in no event less than the amount she paid in rent at18 the Accommodation, the cost of her personal property she was forced to throw out, as well as her19 attorneys’ fees (pursuant to the Lease Contract and Residential Lease/Rental Agreement and costs20 of treatment for the symptoms she experienced as a direct result of defendants’ actions and failures21 to act.22 74. Wherefore, Plaintiff prays for judgment as set forth herein.23 FOURTH CAUSE OF ACTION24 Breach of the Covenant of Quiet Enjoyment/Warranty of Habitability Cal. Civil Code §§1927, 1941 et seq.25 1426 COMPLAINT 1 (Against Perch, Roundhouse, ABRA and 4247 LP) 2 75. Plaintiff hereby incorporates all previous paragraphs as if they have been fully stated 3 herein. 4 76. As the renter of the Accommodation, Plaintiff was entitled to the benefit of the 5 covenant of quiet enjoyment and warranty of habitability implied in every residential lease 6 agreement. (Cal. Civil Code §§1927, 1941 et seq.) 7 77. One of the terms of the Lease Contract states that “You accept the dwelling, fixtures, 8 and furniture as is, except for conditions causing the premises to be untenantable under California 9 Civil Code 1941.” (emphasis added.) California Civil Code §1941.1(a) states that “A dwelling shall10 be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following11 affirmative standard characteristics… (6) Building, grounds, and appurtenances at the time of the12 commencement of the lease or rental agreement, and all areas under control of the landlord, kept in13 every part clean, sanitary, and free from all accumulations of debris, filth…”14 78. In April 2020, shortly after move-in, Plaintiff reported to Perch that her unit, which15 did not have any window in the bathroom, did not have an operable exhaust fan (leaving the16 bathroom unventilated and subject to extreme mold growth), the air conditioner was locked at 7117 degrees and unable to cool the apartment to a lower temperature1 and was leaking a substantial18 amount of water onto her floor and making a ringing sound constantly, the toilet did work properly19 and overflowed regularly (both of which were continuing issues Plaintiff reported over and over20 again). Later, Plaintiff reported that the washer/dryer did not operate properly, and the dryer lint21 was so hot it actually burned her skin to the touch.22 79. With respect to the air conditioner, when it was finally replaced in early 2023,23 Plaintiff was horrified to discover that, not only was it missing a filter for the air being drawn in2425 1 Plaintiff informed them of her extreme temperature dysregulation/body overheating and need for a lower temperature. 1526 COMPLAINT 1 from outside, but the inside of the unit as well as all attached ducts were filthy with dirt and mold, 2 both of which had been blown into her unit at the Accommodation throughout her tenancy, causing 3 her significant injury. She hired an independent environmental inspector to inspect for mold or 4 other harmful contaminants/substances, who found Stachybotrys mold and various other harmful 5 substances in Plaintiff’s unit. See Rush report attached hereto as Exhibit A. 6 80. The regularly overflowing toilet was also a specific breach of the warranty of 7 habitability and covenant of quiet enjoyment as well. As Civil Code §1941.1(a) (2) states, a unit is 8 untenantable if it lacks “Plumbing or gas facilities … maintained in good working order.” 9 81. Furthermore, in June 2022, defendant 4247 LP, through its property manager at that10 time ABRA, informed Plaintiff that management was closing one of the two rooms where the11 garbage receptacles were kept for the entire building (59 units), leaving only one room for all12 residents to dispose of their trash. Civil Code §1941.1(a)(7) provides that a dwelling is13 untenantable if it lacks: “An adequate number of appropriate receptacles for garbage … in clean14 condition and good repair … with the landlord providing appropriate serviceable receptacles …15 and being responsible for the clean condition and good repair of the receptacles under his or her16 control.” Following management’s removal of one of the two garbage rooms, the tenants, including17 Plaintiff, were left with inadequate receptacles into which they could dispose of their trash. Another18 clear breach of the covenant of quiet enjoyment and warranty of habitability.19 82. Finally, the stove in Plaintiff’s unit was not ventilated at all, causing toxic20 smoke/fumes from cooked food to remain in her unit which she was forced to breathe in regularly.21 83. On or about July 14, 2022, Plaintiff signed a Residential Lease/Rental Agreement22 with the new owner of the Accommodation 4247 LP. A true and correct copy of the Residential23 Lease/Rental Agreement is attached hereto as Exhibit C.24 84. Despite her repeated complaints, defendants Perch, Roundhouse, ABRA and 424725 LP failed and refused to repair these conditions, rendering her unit untenantable and dangerous to 1626 COMPLAINT 1 Plaintiff’s health and safety during her entire tenancy under the Civil Code. These untenantable 2 conditions that went unremedied also amounted to a clear breach of the covenant of quiet 3 enjoyment, as they substantially interfered with Plaintiff’s right to the use and enjoyment 4 of the Accommodation. 5 85. As a direct result of defendants’ actions as herein alleged, Plaintiff suffered 6 substantial damages in an amount to be proven at trial. Further, as this tort cause of action is based 7 on an implied warranty included in the lease agreements between Plaintiff and defendants, and both 8 lease agreements have an attorneys’ fee clause, Plaintiff is entitled to recover her attorneys’ fees. 9 86. Wherefore, Plaintiff prays for judgment as set forth herein.10 FIFTH CAUSE OF ACTION11 Negligent Violation of Statutory Duty12 (Against defendants 4247 LP, ABRA)13 87. Plaintiff hereby incorporates all previous paragraphs as if they have been fully stated14 herein.15 88. The laws and regulations of the State of California, including but not limited to,16 Sections 1714 and 1941.1 of the Civil Code, impose a statutory duty on defendants to maintain the17 Accommodation in a safe and habitable condition. A “due regard for human safety and health18 compels the imposition on a landlord of a duty of due care in the maintenance of the premises…19 Civil Code section 1941 and the housing codes of California were designed to protect the health and20 safety of tenants…” (Stoiber v. Honeychuck, 101 Cal. App. 3d 903, 924.)21 89. In negligently failing to repair the aforementioned defective and dangerous22 conditions, defendants have breached their statutory duty to Plaintiff.23 90. Defendants’ breach of their statutory duty is the direct cause of Plaintiff’s damages24 as more fully set forth herein.25 1726 COMPLAINT 1 91. Plaintiff is entitled to compensatory damages for the discomfort and annoyance she 2 suffered in the reasonable amount of $50 for each day she lived at the Accommodation as well as 3 property damage, including the replacement cost for all of her clothes and other personal belongings 4 and furniture she was forced to dispose of due to contamination with mold and other harmful 5 chemicals. 6 92. Wherefore, Plaintiff prays for judgment as set forth herein. 7 SIXTH CAUSE OF ACTION 8 Constructive Eviction (Cal. Civil Code §1940.2) 9 (Against 4247 LP, ABRA & Gorman)10 93. Plaintiff hereby incorporates all previous paragraphs as if they have been fully stated11 herein.12 94. California Civil Code §1940.2 states that:13 It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:14 (a)(3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant’s quiet15 enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this paragraph16 requires a tenant to be actually or constructively evicted in order to obtain relief.17 (a)(4) Commit a significant and intentional violation of Section 1954.18 Section 1954 of the Civil Code prohibits a landlord from entering a tenant’s unit19 without proper notice and provides: “The landlord may not abuse the right of access or use it to harass the tenant.” It also provides that 24 hours’ notice is “presumed reasonable20 notice in the absence of evidence to the contrary.”21 95. Here, Plaintiff informed defendants more than once that as a direct consequence of22 her medical disability and conditions/symptoms caused thereby that she required not only 24 hours’23 notice, but less than a 2-hour window for maintenance visits from defendants’ employees. She24 emailed these requests to defendants with an explanation as to why this was necessary to permit her25 to be clothed and available to receive the maintenance employee into her unit, constituting 1826 COMPLAINT 1 “evidence to the contrary” that 24 hours’ notice alone was sufficient for this tenant. 2 96. Furthermore, as stated herein, defendants 4247 LP, ABRA and Gorman used 3 “menacing conduct constituting a course of conduct that interfere[d] with [Plaintiff]’s quiet 4 enjoyment of the [Accommodation] in violation of [Civil Code] Section 1927 that [did] create an apprehension of harm in [Plaintiff].” On at least one occasion, Gorman physically assaulted 5 Plaintiff and screamed at her in the hallway of the building during the A/C unit replacement work, 6 causing significant apprehension of harm in Plaintiff. 7 97. Frustrated and becoming more and more ill by the day during her residency at the 8 Accommodation, Plaintiff searched for alternate living conditions, as she felt she could not live 9 there any longer. However, at first due to the global COVID pandemic she found it very difficult to10 find an alternate residence that would accommodate her serious medical conditions/symptoms. But11 finally, after being told by her medical professional that she could not live at the Accommodation another day without risking her life, she moved. All of the facts herein stated constitute a12 constructive eviction of Plaintiff.13 98. Plaintiff suffered significant damages as a result of her constructive eviction,14 including all of her relocation expenses, medical costs caused by defendants’ failure to repair the15 conditions that violated Plaintiff’s quiet enjoyment of the Accommodation, as well as a civil penalty16 of $2,000 for each violation and damages for mental anguish, and punitive damages. (See Stoiber v.17 Honeychuck, 101 Cal. App. 3d 903, 926.)18 99. Wherefore, Plaintiff prays for judgment as set forth herein.19 SEVENTH CAUSE OF ACTION20 Negligence/Premises Liability21 (Against defendants 4247 LP and ABRA)22 100. Plaintiff hereby incorporates all previous paragraphs as if they have been fully stated23 herein.24 101. As the owners/property managers of Plaintiff’s residence (the Accommodation),25 defendants had a duty to prevent injury to Plaintiff through their acts or omissions. The owner of 1926 COMPLAINT 1 premises is under a duty to exercise ordinary care in the management of such premises in order to 2 avoid exposing persons to an unreasonable risk of harm. A failure to fulfill this duty is negligence. 3 (Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619.) 4 102. Defendant 4247 LP owned the Accommodation and through its agent ABRA 5 controlled/managed the Accommodation. Defendants were negligent in their maintenance of the 6 Accommodation as set forth herein. 7 103. Defendants ABRA and 4247 LP breached their duty of care to Plaintiff by failing to 8 remedy the leaking water from her air conditioner, which caused the dangerous condition of a 9 puddle of standing water to constantly exist in her unit. At the end of April/early May of 202210 Plaintiff slipped in this puddle of water twice two days apart resulting in injury to her low back and11 right hand and wrist. When Plaintiff reported these injuries to defendants, they ignored her reports.12 104. In addition to these injuries, as a direct result of defendants’ actions as set forth13 herein, Plaintiff suffered from new injuries that arose throughout her tenancy at the14 Accommodation, including, but not limited to, neuropathy, an increase in her uncontrollable15 vomiting, internal tremors, inability to use her hands because of shaking tremors and pain, nerve16 damage, central nervous system damage, cognitive impairment, and Plaintiff’s inability to swallow17 food or water. Each of these injuries and conditions were caused by defendants’ failures to address18 Plaintiff’s repeated requests for accommodations due to her preexisting medical disabilities as well19 as defendants’ failure to repair and properly clean the air conditioner and its attached ducts in her20 unit and by their spraying chemicals inside her unit. Plaintiff hired an independent environmental21 investigator to test the particles in her apartment and discovered she was continually exposed to22 harmful mold (Stachybotrys), Cladosporium as well as dangerous PAH2 and P-Nitrophenol at a2324 2 Polycyclic Aromatic Hydrocarbons, a class of chemicals that occur naturally in coal, crude oil, and gasoline and that is25 also a chemical that causes neurological disorders. 2026 COMPLAINT 1 level of “considerable concern”3. (See Exhibit A.) In addition to pesticides and fungicides, P- 2 Nitrophenol also comes from vehicle exhaust. Plaintiff’s apartment was directly above the parking 3 garage for the 59-unit building, and the garage directly below her window only had a mesh screen 4 on it, causing the harmful vehicle exhaust to flow into her apartment constantly through the A/C 5 intake air ducts, which did not have an exterior air filter at all. Additionally, there was a large crack 6 in the cement ceiling of the garage directly below Plaintiff’s apartment which also contributed to the 7 vehicle exhaust entering her apartment. 8 105. While Plaintiff had some preexisting medical conditions prior to moving into the 9 Accommodation, including fragrance/scent sensitivity and temperature dysregulation, during the10 course of her residency there she went from being irritated by fragrances to collapsing in public if11 she was exposed to scents, or any chemicals including laundry detergent, pesticides, car exhaust,12 etc. Additionally, during Plaintiff’s residency at the Accommodation, as more fully set forth herein,13 her neuropathy symptoms began, including internal and external tremors/shaking, numbness in her14 extremities and inability to use her hands, teeth breaking, etc. as a result of her exposure to mold15 and the other dangerous chemicals that were present in her unit.16 106. Defendants’ negligent breach of their duty to Plaintiff was the direct/proximate cause17 of her damages, including, but not limited to, medical costs, loss of past and future income and pain18 and suffering.19 107. Wherefore, Plaintiff prays for judgment as set forth herein.20 EIGHTH CAUSE OF ACTION21 Intentional Infliction of Emotional Distress22 (Against ABRA, 4247 LP & Gorman)23 108. Plaintiff hereby incorporates all previous paragraphs as if they have been fully stated2425 3 P nitrophenol is a nerve agent causing severe nerve damage. 2126 COMPLAINT 1 herein. 2 109. Based on the foregoing facts, defendants’ conduct was outrageous and either 3 intended to cause Plaintiff emotional distress or engaged in with reckless disregard of the 4 probability that Plaintiff would 

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