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Wheeler v. Avalonbay Communities11/22/2002
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Appellants appeal the trial court order denying them class certification in their lawsuit against their landlord for breach of the warranty of habitability. We agree with the trial court that the lawsuit presented no well-defined community of interest in questions of law and fact, and so affirm the ruling.
FACTS
Appellants are four former residents of Lakeside Apartments, a 748-unit apartment complex encompassing 29 buildings in Burbank. Appellants each signed a lease which contained an implied warranty of habitability. Appellants sued respondents, the owners and managers of the Lakeside Apartments, on behalf of themselves and all other current and former residents of the apartment complex.
The second amended complaint, the operative pleading herein, defined the class as follows: "The Plaintiff Class consists of all persons who were, or are, residents of the apartment units owned by AVALONBAY COMMUNITIES, INC. and located at 401 Pass Avenue, Burbank, California, who have been exposed to toxic materials in the apartments including, without limitation, to bioaerosols emanating from excessive levels of mold, mildew and fungus and/or pesticides and/or other chemicals." The complaint alleged, on behalf of the entire class, that "Defendants have breached this implied warranty of habitability in numerous ways, including, without limitation, the following:
"(a) Allowing water to intrude into the apartments and cause mold, mildew and fungus to grow throughout the building which in turn has caused termite infestation;
"(b) Failing to repair, in a timely and reasonable manner, the defective conditions of the building that are allowing the water to intrude into the building;
"(c) Failing to abate the mold and termite conditions throughout the apartments that are seriously damaging the health of Plaintiffs and their enjoyment of their apartment;
"(d) Disturbing Class Plaintiffs with excessive noise, dust and debris from construction work done at Lakeside;
"(e) Causing the construction to start unreasonably early in the morning thus seriously affecting Class Plaintiffs' sleep patterns and their quiet enjoyment of their apartments;
"(f) Forcing Class Plaintiffs out of their apartments from time to time because of the ongoing construction; and,
"(g) Failing to maintain appliances, electrical fixtures, and walls within Lakeside Apartments."
The complaint sought breach of warranty of habitability damages equal to the difference between the rent paid and the rental value of the uninhabitable apartments. The complaint also alleged various tort causes of action, and sought personal injury damages.
Respondents filed a motion to strike the class action allegations from the complaint. After a hearing on the matter, the court granted the motion. Appellants challenge that ruling only as it applies to the cause of action for breach of the warranty of habitability, based on the holding in Hicks v. Kaufman & Broad Home Corp. (2001) 89 Cal.App.4th 908.
DISCUSSION
"Section 382 of the Code of Civil Procedure authorizes class suits in California when 'the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring the
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