1 Chuck Marshall (SBN 236444)

MARSHALL LAW FIRM

2 2121 N. California Blvd., Suite 290
Walnut Creek, CA 94596
3 cdm@marshall-law-firm.com
Phone: (925) 575-7105
4 Fax: (855) 575-7105
5 Attorney for Plaintiffs
KEITH PEARCE and JONI PEARCE
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SUPERIOR COURT IF THE STATE OF CALIFORNIA

COUNTY OF CONTRA COSTA

UNLIMITED CIVIL CASE

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11 KEITH PEARCE and JONI PEARCE, as
individuals,
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Plaintiffs,
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vs.
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RAVINDRA REDDY a.k.a. Robbi Reddy, and
15 DOES 1 through 100.

Case No. CIVMSC 14-00208

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Date: October 15, 2015

Time: 9:00 a.m.
Location: Dept. 21
Judge: Judge Jill Fannin

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Defendants.

[PROPOSED] ORDER GRANTING IN

PART AND DENYING IN PART
PLAINTIFFS MOTION FOR
SUMMARY ADJUDICATION

Trial Date: February 1, 2016

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CIVMSC 14-00208
[Proposed] Order

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Plaintiffs Motion for Summary Adjudication against Defendant came for hearing on

2 October 15, 2015, in Dept. 21 of this court, the Honorable Judge Jill Fannin presiding. A
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tentative ruling was made available to the parties on October 1412, 2015, and no party objected to
the tentative ruling. After consideration of all written arguments, the Court finds and IT IS

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HEREBY ORDERED AS FOLLOWS:

Plaintiffs Keith and Joni Pearces motion for summary adjudication as to the first, third,

8 fourth, and fifth causes of action is granted in part and denied in part. Plaintiffs are entitled to the
9 undisputed portion of the security deposit, in the amount of $3,201.
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First Cause of Action. The motion for summary adjudication as to the first cause of
action for breach of contract is granted, as Defendant has failed to meet his burden to show that a

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triable issue of material fact or defense exists.
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The elements of a breach of contract action are (1) the existence of the contract, (2) the

15 plaintiffs performance or excuse for nonperformance, (3) defendants breach, and (4) the resulting
16 damages to the plaintiff. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.)
17 Defendant fails to offer any arguments or defenses in opposition to this claim.
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The court is satisfied that a breach of contract occurred, based on the following offered
evidence. Plaintiffs and Defendant entered into a lease agreement on June 27, 2013. (Defendants

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RFA Response No. 5.) Defendant admits the Lease Agreement is genuine. (Defendants RFA
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Response No. 1.) The Lease Agreement states the Deposit shall be refunded to the Tenants upon

23 the Tenants vacating the Leased Premises and inspection of the same by the Landlord within 10
24 days of Lease Termination. (Plaintiffs Evidence Tab 1-A.) Plaintiffs performed under the
25 contract by timely paying all rent and security deposit amounts. (Defendants RFA Response No.
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6, 8.) Defendant breached the contract by failing to return all or any portion of the security
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CIVMSC 14-00208
[Proposed] Order

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1 deposit, as required under the contract. (Defendants RFA Response No. 11.) .) Plaintiffs were
2 damaged in the amount of $3,201 by Defendants failure to return any portion of the security
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deposit. (Defendants RFA Response No. 11.)

Thus, the motion for summary adjudication as to the first cause of action for breach of

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contract is granted, and Plaintiffs are entitled to the undisputed deposit return amount of $3,201.
Third Cause of Action. The motion for summary adjudication as to the third cause of

8 action for fraud is denied, as Plaintiffs have failed to prove each element of the claim, and have
9 failed to completely dispose of the entire cause of action.
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The elements of proving fraud are (1) misrepresentation, (2) knowledge of falsity, (3)
intent to induce reliance, (4) justifiable reliance, and (5) resulting damage. (Lazar v. Superior

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Court (1996) 12 Cal.4th 631, 638.) Plaintiffs have failed to meet their burden of establishing their
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reliance on Defendants false promise to return the security deposit within 10 days of lease

15 termination.
A motion for summary adjudication shall be granted only if it completely disposes of a

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17 cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ.
18 Proc. 437c, subdivision (f)(1).) Plaintiffs motion concerns the false promise regarding the
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deposit, but fails to move for summary adjudication as to the false promise regarding the rent

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rebate. Plaintiffs Reply states that Plaintiffs intend to preserve these claims for trial, but reserve
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the right to voluntarily dismiss them pending the outcome of this motion. (Plaintiffs Reply p. 1,

23 fn. 1.) Plaintiffs motion fails to completely dispose of the third cause of action, and thus, is
24 denied.
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CIVMSC 14-00208
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Fourth Cause of Action. The motion for summary adjudication as to the fourth cause of

2 action for conversion is denied, as Plaintiffs have failed to completely dispose of the entire cause
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of action.
A motion for summary adjudication shall be granted only if it completely disposes of a

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cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ.
Proc. 437c, subdivision (f)(1).) Plaintiffs motion concerns the conversion regarding the deposit,

8 but fails to move for summary adjudication as to the conversion regarding the rent rebate.
9 Plaintiffs Reply states that Plaintiffs intend to preserve these claims for trial, but reserve the right
10 to voluntarily dismiss them pending the outcome of this motion. (Plaintiffs Reply p. 1, fn. 1.)
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Plaintiffs motion fails to completely dispose of the fourth cause of action, and thus, is denied.

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Fifth Cause of Action. The motion for summary adjudication as to the fifth cause of
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action for violation of Civil Code 1950.5 is denied, unless Plaintiffs choose to forfeit their claim

15 for treble damages under Civil Code section 1950.5, subdivision (l).
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Section 1950.5, subdivision (g) states that no later than 21 calendar days after the tenant

17 has vacated the premises the landlord shall furnish the tenant a copy of an itemized statement
18 indicating the basis for, and the amount of, any security received and the disposition of the
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security, and shall return any remaining portion of the security to the tenant. Defendant admits

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he did not provide the requisite itemized statement or any portion of the security deposit within 21
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days after Plaintiffs vacated the premises. (Defendants Answer p. 5:30; Defendants RFA

23 Response No. 11.)

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If, within the specified period, the landlord has not provided the tenant with a written

25 accounting of the portion of the security deposit he plans to retain, the right to retain all or part of
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the security deposit under section 1950.5, subdivision (f), has not been perfected, and he must
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1 return the entire deposit to the tenant. (Granberry v. Islay Investments (1995) 9 Cal.4th 738,
2 745.) Thus, Plaintiffs would be entitled to the full deposit amount of $4,100.
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However, Plaintiffs additionally claim they are entitled to treble damages because
Defendant acted in bad faith to retain the security deposit. Section 1950.5, subdivision (l)

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provides that a landlords bad faith claim or retention of all or any portion of the security may
subject the landlord to statutory damages of up to twice the amount of the security, in addition to

8 actual damages. A triable issue of material fact exists as to whether Defendant acted in bad faith
9 to retain Plaintiffs security deposit. (Defendants Separate Statement p. 2:8-3:8.)
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A motion for summary adjudication shall be granted only if it completely disposes of a

cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ.

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Proc. 437c, subdivision (f)(1).) Thus, the motion for summary adjudication as to the fifth cause
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of action is denied, as a triable issue of material fact exists as to the extent of damages. Should

15 Plaintiffs choose to forfeit their claim for treble damages, they would be entitled to the full deposit
16 amount of $4,100 under this cause of action.
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Prayer for Treble Damages under Penal Code section 496. The motion for summary

18 adjudication as to treble damages for the third and fourth causes of action is denied pursuant to the
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companion ruling above.

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Prayer for Punitive Damages under Civil Code section 3294. The motion for summary
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adjudication as to punitive damages for the third and fourth causes of action is denied pursuant to

23 the companion ruling above.

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25 Dated: ___________________

________________________________

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The Honorable Jill Fannin

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CIVMSC 14-00208
[Proposed] Order

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