Ponce v. Holmberg
Plaintiffs, Melissa Ponce (Ms. Ponce) and her minor children, appeal from a judgment entered after the trial court sustained without leave to amend defendants' demurrer to their second amended complaint. The second amended complaint alleges the negligent failure of the owners to make repairs and rid the rented premises of vermin, insects, and rodents resulted in physical injuries to plaintiffs. The trial court ruled the negligence claim was barred by the doctrine of res judicata arising from a previous unlawful detainer action. We reverse the judgment.
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