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.

CONFIDENTIAL

Jul. 29, 1995

Breach of Contract
Landlord and Tenant
Wrongful Eviction

Confidential

Settlement –  $118,888

Judge

Victor M. Campilongo

Court

San Francisco Superior


Attorneys

Plaintiff

Jethro S. Busch
(Steven Adair MacDonald & Partners PC)

Sidney A. Luscutoff


Defendant

Edmund M. Scott


Facts

In 1992 Plaintiff rented an apartment; the premises is located in a rent-controlled area of San Francisco. The unit was approximately 1,200 square feet and a penthouse. Plaintiff made numerous improvements to the premises, including large commercial stove, fireplace, carpeting, marble flooring, et cetera. He allegedly planned to reside there indefinitely. The rent was $400 in 1992. In 1993 Defendants purchased the subject property and sent eviction notices to Plaintiff, in order to make the apartment available to one of the new Defendant owners. On June 29, 1993, Plaintiff reluctantly vacated the premises and moved to a more expensive and less desirable dwelling in Daly City. Subsequent investigation revealed that Defendant did not occupy the subject premises as his principal residence.

Settlement Discussions

Offers and/or demands, exchanged prior to this result, were not disclosed.

Damages

Plaintiff claimed $14,400 moving costs plus accrued for rent differential for the difference between the fair market value and what his lease had provided.

Other Information

This case was filed on August 14, 1993; one year, ten months and one week prior to this result.


#102585

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

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