Killingham v. Wilshire Investments Corp.

I would reverse and remand for further proceedings because, on the present record, I cannot conclude that Ms. Killing-ham, the tenant, was not harmed by the dismissal of her claim for housing code violations resulting from the late amendment to the landlord’s complaint permitted by the trial court and by the trial court’s refusal to consider the tenant’s claim that, as a disabled person, she was unlawfully denied access to the apartment building’s recreational pool area.

1. The Dismissed Claim of Housing Code Violations.

The landlord was permitted to amend its complaint so as to exclude a…