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Real Property
Landlord and Tenant
Bedbugs

Margarita Fuentes, individually and as Guardian Ad Litem on behalf of his minor children: Martin Tellez, Maria Tellez, Juan-Carlos Tellez, and Daisy Del Toro v. Pioneer Street Associates, a California limited liability partnership; and Does 1 to 20, inclusive

Published: Apr. 15, 2017 | Result Date: Mar. 7, 2017 | Filing Date: Jan. 1, 1900 |

Case number: S-1500-CV-282214 Verdict –  $104,400

Court

Kern Superior


Attorneys

Plaintiff

Brian J. Virag
(Mybedbuglawyer Inc.)


Defendant

David A. Belofsky
(Belofsky Law Group PC)


Experts

Plaintiff

Eric L. White
(technical)

Richard Kaae
(technical)

Facts

Plaintiffs were residents of an apartment complex owned and operated by defendant Pioneer Street Associates. Plaintiffs filed suit against defendant in connection with pest control.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed the apartment complex was infested with bed bugs and that defendant had an obligation to provide pest control. Defendant refused to provide pest control unless plaintiffs paid for it.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiffs caused the bedbugs. Defendant contended that the plaintiffs were dirty and refused pest control.

Injuries

Plaintiffs claimed bedbug bites, scars, emotional distress and property damage.

Result

The jury rendered a verdict for the plaintiffs and awarded $104,400, which included $64,400 in actual damages, and $40,000 in punitive damages.

Other Information

FILING DATE: June 11, 2014.

Deliberation

7.5 hours

Poll

12-0 (liability), 12-0 (punitive damages)

Length

11 days


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