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Real Property
Nuisance
Breach of the Implied Warranty of Habitability

Jaquelyn Jaquez, Lexi Macias, M. Gianni Macias v. Paul Trudell

Published: Aug. 3, 2013 | Result Date: Jul. 17, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 37-2011-00099977-CU-PO-CTL Verdict –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

Andrew F. Lloyd

Katherine Dwyer


Defendant

J. Paul Lewis
(Wood, Smith, Henning & Berman LLP)

Lane E. Webb
(Lynberg & Watkins PC)


Facts

Plaintiffs Jaquelyn Jaquez, Lexi Macias and Gianni Macias rented a single family home built in 1915 from defendant Paul Trudell. Plaintiffs alleged that the home had mold and other habitability issues causing damage to plaintiffs personal property and personal injuries including respiratory problems and skin rashes.

Plaintiffs' lawsuit included causes of action for negligence, breach of the implied warranty of habitability, breach of the covenant of peaceful and quiet enjoyment, private nuisance and intentional infliction of emotional distress.

Settlement Discussions

Plaintiffs original demand was for $1 million, but was reduced to a CCP 998 offer of $499,999.99.

Result

The jury verdict was for the defense.

Other Information

FILING DATE: Oct. 25, 2011.

Poll

12-0 (defense)

Length

2.5 weeks


#108881

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