Flaum v. ASN Calabasas
Plaintiffs and appellants Mona Flaum and Kerry Fairly (collectively appellants) appeal the dismissal of their class action against defendants and respondents ASN Calabasas I LLC, ASN Calabasas II LLC, Archstone, Archstone Property Management (California) Incorporated, and Archstone-Smith Operating Trust; Legacy Malibu Meadows II, L.P., Legacy Malibu Meadows, L.P., Legacy Partners Residential, L.P., and Legacy Partners Residential, Inc. (collectively respondents) for damages allegedly incurred as the result of water intrusion and mold in a residential apartment complex at which appellants resided. Appellants contend the trial court erred by sustaining demurrers, without leave to amend, to their causes of action for breach of contract and violation of Business and Professions Code section 17200.[1] Appellants further contend the trial court abused its discretion by striking their class action allegations. Court affirm the orders sustaining the demurrers to the breach of contract cause of action and striking the class allegations. Court reverse the orders sustaining the demurrers to the section 17200 cause of action and dismissing appellants action.
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