This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Injunctive Relief
Apartment Complex

City and County of San Francisco, People of the State of California, by and through City Attorney Dennis J. Herrera v. Sheila H. Chooey Tsang

Published: Sep. 30, 2003 | Result Date: Apr. 4, 2003 | Filing Date: Jan. 1, 1900 |

Case number: CGC01401856 Bench Decision –  $500,000

Judge

Ollie Marie-Victorie

Court

San Francisco Superior


Attorneys

Plaintiff

S. Niall Vignoles

Neli N. Palma
(Office of the Attorney General)


Defendant

Clifford E. Fried


Experts

Plaintiff

Ronald H. Blumberg
(Blumberg Law Group LLP) (technical)

Michael D. Cohen
(technical)

Defendant

Bartholomew Murphy
(technical)

Vincent Malta
(technical)

Leslie Stansfield
(technical)

Facts

Despite the fact that the city of San Francisco had previously cited Sheila Tsang for maintaining up to four illegal basement apartments in her 41-unit building, she continued to rent the units. The city and county of San Francisco and the People of the State of California sued Tsang.

Damages

San Francisco sought injunctive relief requiring defendant to maintain her property in compliance with all residential building and housing codes. According to the defendant: According to the plaintiff's trial brief, the city sought $29,216,000 in monetary civil penalties, but the court only awarded plaintiff $500,000 in penalties.

Result

The court awarded the plaintiffs $500,000 in civil penalties, plus fees and costs of $161,000. The defendant was found 100 percent at fault.

Other Information

According to the plaintiffs' counsel the two critical factors in the case were that: (1) Tsang rented up to eight illegal units for up to 10 years despite repeated city notices and orders to remove the units, and (2) the judge viewed the premises and saw the space was substandard.


#102533

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390