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Breach of Contract
Landlord and Tenant
Habitability

Baires, et al. v. FRS Associates, et al.

Published: Jul. 22, 1995 | Result Date: Jun. 29, 1995 | Filing Date: Jan. 1, 1900 |

Case number: LC011174 –  $492,220

Judge

Marvin D. Rowen

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

V. James DeSimone
(V. James DeSimone Law)


Defendant

James R. Wakefield


Experts

Plaintiff

Warren L. Jones
(medical)

Julius Griffin
(medical)

Facts

Plaintiffs were 24 former tenants at an apartment building located at 5354 Yarmouth Avenue in Encino. In February of 1991, Defendant landlords Richard Gleitman and FRS Associates, contracted to have the roof replaced between the last week of February and first week of March. Defendants failed to inform the tenants that the roof was being removed, failed to make any arrangements for inconvenienced tenants, and failed to check the weather. On February 27, 1991, a previously forecasted rainstorm poured 3.29 inches of rain on the building, destroying each Plaintiff's home and personal belongings. The Department of Building and Safety declared the building "unsafe to enter" on February 28, 1991.

Settlement Discussions

Plaintiffs contend they demanded $450,000 (2 years prior to trial) and Defendants offered $72,000. Defendants contend Plaintiffs initially demanded $400,000, increased to $4,000,000 until the first day of trial when they demanded $924,000.

Damages

Defendants contend Plaintiff asked the jury to award $1,500,000 in economic and emotional distress damages.

Injuries

Emotional distress.

Other Information

This case was filed February 13, 1992; three years, four months, and 2 weeks prior to this result.

Deliberation

2 days

Poll

12-0 on issue of habitability

Length

15 days


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