Facts

Plaintiffs are tenants of defendant's apartment complex in Sylmar.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that defendants posted discriminatory rules prohibiting children's play, that they yelled and grabbed at children, and that one defendant manager sexually harassed plaintiff Claudia Ramirez. On that basis, they alleged violation of the Fair Housing Act, FEHA, the Unruh Civil rights act, California Civil Code section 51.9, breach of the covenant of quiet enjoyment, negligent hire, and intentional infliction of emotional distress.

DEFENDANT'S CONTENTIONS:
Defendants contended that the rules were not discriminatory, that the rules were never enforced against anyone, that defendant managers never yelled at or grabbed at tenant's children, and that Ms. Ramirez was never sexually harassed in any way. Defendants created a safe and family friendly environment for all tenants at Seven Palms. Plaintiffs' story did not add up; they were proven to be friendly with defendants at the same time they suffered the alleged abuse.

Damages

At trial, plaintiffs sought an unspecified amount for medical expenses and emotional distress.

Result

Defense verdict.

Other Information

In its ruling the court stated that the lawsuit was a "house of cards" - the plaintiffs' testimony was not believable; and there was no evidence that defendants enforced rules restricting children's play. The court found in favor of all defendants and against all plaintiffs. Also, on Oct. 30, 2006, the court awarded defendants $46,015 in attorney's fees. The award was made pursuant to Civil Code section 1717, on the basis that defendants were the "prevailing party" in the litigation; and pursuant to FEHA and the FHA, on the basis that plaintiffs' suit was "frivolous" within the meaning of those statutes. At trial, several tenants testified that the rules were never enforced and that children played freely all the time. Also, Ms. Ramirez admitted that, while the manager supposedly was sexually harassing her, she invited him to her husband's birthday party.