Facts

According to plaintiff Cynthia Thomas, defendants Randall Silva and Anthony Warren, a fitness consultant and notary public/loan agent respectively, lived together as roommates and was evicted out of the rent-controlled space that they had resided in for 14 years due to Silva's failure to pay half of one month's rent.

Warren usually paid on time, however, Silva did not. For the past 12 years, Silva had dropped off his rent in plaintiff's, who was their landlord, mailbox. Silva paid his rent in cash or as a money order. No checks were accepted due to the fact that they were frequently insufficiently funded.

In August 2007, Silva left a note stating that he "mailed the rent last night." Plaintiff thought that was strange because in the past 12 years Silva had never mailed his rent and Silva could have delivered the rent with the note. During the following months, Silva attempted to find the lost rent payment that he asserted was lost in the mail. Ultimately, Silva told plaintiff that he had grown weary of the inquiries about the rent and that plaintiff was harassing him. Silva further stated that plaintiff's behavior was in fact a "minor felony" and that he would bring an action against her. Silva indicated that the missing rent was a dispute involving the money order company and plaintiff.

However, Silva confessed in a telephone message to plaintiff following settlement discussions that he did indeed owe the rent amount. During trial, Silva retracted this statement and testified that he did not owe any money, even though he was under oath. A motion in limine prevented the jury from hearing the admission.

Damages

According to plaintiff, she was owed possession of the space, $750 as rent, and additional daily damages.

Result

The verdict amounted to $4,432, which consisted of $750 in rent, possession, and $3,862 in daily damages from both defendants.

Other Information

According to plaintiff, Judge pro tem Jason Jungreis stated during settlement discussions that Thomas would be crazy to take the case to San Francisco as the jury would consist of tenants. Plaintiff's counsel indicated that the jurors would most likely feel that, "I have to pay my rent, so why should this guy get away with not paying his rent?" The jury consisted of 11 tenants, no landlords, and a homeowner. Defense counsel substituted out after the jury verdict was announced. Silva filed various post-trial motions, including a motion for relief from forfeiture, which was denied, and a motion for one-week stay, which was granted even though Silva did not provide proper notice. A second motion for one-week stay was denied as well as a motion for stay pending appeal in the Appellate Department. Silva then filed for bankruptcy protection and a motion for relief from stay was finally granted. Silva persuaded the sheriff's department to postpone the eviction based on his alleged filing of an appeal in compliance with CCP Section 917.4. Plaintiff's counsel addressed the matter with the sheriff's department, and the eviction took place the following day. Afterwards, a person entered the space illegally, left with valuable items, put paper in the toilet, defecated in it, and failed to flush. Silva stated to plaintiff that "it must have been a deputy sheriff." NOTE: Steven Rodriquez, attorney for Silva, substituted in as counsel on the eve of trial and on a pro bono basis through the San Francisco Bar Association.

Deliberation

two hours

Poll

12-0

Length

three days