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Real Property
Retaliation
Wrongful Eviction

Lois DeArmond v. Michael Shanfeld, Shari Shanfeld

Published: Mar. 15, 2001 | Result Date: Dec. 13, 2000 | Filing Date: Jan. 1, 1900 |

Case number: BC225030 Verdict –  $0

Judge

Kenneth R. Freeman

Court

L.A. Superior Central


Attorneys

Plaintiff

Douglas P. Bedard


Defendant

Michael E. Wade


Experts

Defendant

Dennis P. Riley
(Mesisca, Riley & Kreitenberg LLP) (technical)

Rena E. Kreitenberg
(technical)

Facts

In February 1998, defendants Michael and Shari Shanfeld purchased a four-unit apartment building in Los
Angeles. Plaintiff Lois DeArmond had lived in one of the units in the apartment building for over 20 years.
Over the next year and a half, Michael Shanfeld had several conversations with DeArmond about his intentions
to move his family into her unit, renovate the entire building and ultimately, move his ill mother-in-law into her
apartment. Each of these possibilities required plaintiff to move out of her unit.
In mid-1999, the defendants filed an unlawful detainer action against the plaintiff, which was lost when they
could not prove that a $2,000 relocation fee had been given to her, as required by the Los Angeles Rent
Stabilization Ordinance. After immediately filing a second unlawful detainer action with proof of payment of
the relocation fee, the case went to trial in January 2000, with the Shanfelds again losing.
The plaintiff then filed this action for retaliatory eviction, violation of the Rent Stabilization Ordinance and
negligence.

Settlement Discussions

The plaintiff demanded $250,000 before the trial. The defendants offered $22,000.

Damages

The plaintiff sought $8000 in attorneys fees for defending the unlawful detainer action, loss of earnings as an Academy Award winning costume illustrator of $60,000, statutory attorneys fees in bringing the action in excess of $50,000 and general damages. The plaintiff asked the jury to award her over $400,000.

Injuries

The plaintiff maintained that she suffered emotional distress.

Other Information

The defense waived its claim for attorney fees and costs in exchange for the plaintiff waiving all post-trial motions and rights of appeal.

Deliberation

two hours

Poll

9-3

Length

nine days


#107029

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