Walsworth Secures Summary Judgment in Los Angeles Habitability Dispute

Walsworth Partner Michael McCall and Associate Brian Dworetzky secured summary judgment for an insurance company, that was also the landlord, in a habitability action in Los Angeles County Superior Court. Following oral argument, the court issued a minute order granting Walsworth’s motion, bringing the hard-fought case to a successful conclusion.

The dispute arose from allegations that a homicide occurred in a common area of an apartment complex in Northridge, California, and that the event was not disclosed to incoming tenants. The plaintiffs alleged they rented a unit at the property in November 2021 and later learned of the prior homicide. One plaintiff, an attorney who represented himself and his wife in the litigation, claimed he was unable to conduct client meetings at the premises and sought damages for lost clientele totaling over $12 million.

Although the complaint initially asserted approximately twelve causes of action, the Walsworth team successfully eliminated several claims at the pleading stage. By the time of the summary judgment motion, five causes of action remained against the firm’s client: fraud, deceit, misrepresentation, and concealment; breach of contract, negligent hiring, supervision, or retention, violation of Business and Professions Code section 17200, and violation of Civil Code section 1942.4.

The case, filed in August 2022, was heavily contested and involved extensive discovery disputes. The court heard four motions to compel, and Brian secured more than $10,000 in monetary sanctions against the plaintiffs. He then moved for summary judgment, demonstrating that plaintiffs lacked evidence to support any of their remaining claims. After oral argument, the court agreed and granted summary judgment in full. This outcome reflects the firm’s strategic approach to complex habitability litigation and its commitment to achieving efficient, favorable results for clients.