Diaz v. La Buena Vida Condominiums
34,900
| N.M. Ct. App. | Jun 12, 2017Background
- This matter arises from plaintiffs' amended complaint against La Buena Vida Condominiums Unit Owners Ass'n, Henderson, and Torres in Taos County; the district court dismissed under Rule 1-012(B)(6) NMRA for failure to state a claim.
- Plaintiffs alleged violations of UORRA, intentional infliction of emotional distress (IIED), and civil conspiracy, based on housing and heating deficiencies in the condominium.
- The amended complaint asserted that defendants failed to repair thermostats, provided space heaters, and otherwise inadequately maintained premises.
- The panel previously issued a notice of proposed summary disposition proposing partial affirmance and partial reversal, and the court ultimately affirmed in part and reversed in part.
- The appellate court remanded for further proceedings consistent with its opinion, after concluding some UORRA claims and the civil conspiracy claim survived the pleading standard.
- Key heating-maintenance facts include repeated notices that thermostats were not working and defendants' failure to repair them after promises to fix them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether UORRA 47-8-27(A)(4) claim was pleaded sufficiently | Diaz alleged ongoing heat deficiencies and landlord's failure to repair | Defendants argue pleading defects under Rule 1-008 NMRA | Sufficient under notice pleading to state a 47-8-27(A)(4) claim |
| Whether IIED claim was properly dismissed | Plaintiffs asserted extreme conduct through heating failures and threats | Conduct not extreme/outrageous as a matter of law | Dismissal affirmed; conduct not extreme or outrageous enough |
| Whether 47-8-20(A)(1) and (A)(2) claims fail | Allegations show health/safety code violations and unsafe premises | No specific housing-code violation alleged; premises not allegedly unsafe | Both claims affirmed; dismissed |
| Whether civil conspiracy claim was adequately pled | Allegations show joint wrongdoing to violate UORRA | Conspiracy requires underlying tort; pleadings insufficient or generic | Claim sufficiently pled under notice pleading; may proceed on remand |
Key Cases Cited
- Padwa v. Hadley, 127 N.M. 416, 981 P.2d 1234 (1999-NMCA-067) (extreme/outrageous standard for IIED applied at threshold)
- Stieber v. Journal Publ. Co., 120 N.M. 270, 901 P.2d 201 (1995-NMCA-068) (distinction on level of conduct for IIED proper at filing stage)
- T.W.I.W. Inc. v. Rhudy, 96 N.M. 354, 630 P.2d 753 (1981-NMSC-062) (UORRA notice-pleading standard for landlord duties to provide heat)