Kelly Osbourne won a round in court Tuesday when a judge ruled that her former landlord cannot obtain punitive damages in a countersuit alleging she left the West Hollywood condominium she rented from him in disarray.
Los Angeles Superior Court Judge Steven Kleifield also found, however, that Arshia Refoua can move forward with claims against the “Fashion Police” star for breach of contract, negligence and intentional damage to property.
Osbourne’s lawyers had sought to have the latter two causes of action dismissed.
Refoua filed the countersuit last July, alleging Osbourne, now 30, left the premises in a state of “filth, damages and disgust” in April 2013 and that costly repairs had to be made. Refoua claims Osbourne put holes in walls, dragged heavy objects across the hardwood floors and allowed her dog to relieve itself throughout the condominium. The suit also alleges Osbourne allowed a bathtub to overflow and cause flooding damage.
Refoua’s countersuit alleges the costs to fix the condo after Osbourne left exceeded the $18,700 deposit she sought when she started the litigation by suing her ex-landlord for breach of contract in September 2013.
Trial of the suit and countersuit is scheduled for May 20.
— City News Service