Court Reinstates Negligence Claim, but Not Punitives or Habitability

LOS ANGELES - The issue of whether the landlord should reasonably have checked for mold behind crumbling wallboard while inspecting a bathroom is one for a jury, and a trial court erred in granting summary judgment for the landlord, a California appellate court held April 19. Rowsey v. Tesh, No. B174941 (Calif. 2nd App. Dist.).

But the court affirmed the trial court's dismissal of a claim for breach of the covenant of habitability based on a failure to replace allegedly deteriorating pipes throughout the house, and affirmed summary judgment on plaintiffs' prayer for punitive damages, finding no evidence of malice. …