Facts

On July 1, 1999, plaintiff Fatima O. Corey leased an apartment from defendant in Los Angeles. Thereafter and throughout her tenancy, the plaintiff complained to defendant both orally and in writing of water intrusion, mold infestation, musty odor, and other deleterious conditions, such as the presence of mushrooms and insects, but the defendant failed and refused to promptly, properly or professionally remedy the problems.

The defendant was ultimately cited by the City of Los Angeles Housing Department and the Los Angeles Department of Health for his persistent failure and refusal to remedy the uninhabitable conditions within the premises.

The plaintiff became inflicted with ill health effects caused by her exposure to mold and was forced to involuntarily vacate the premises.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant's failure to take any steps to properly address the source of water intrusion or to eliminate the effects of the water intrusion into the premises caused mold and mildew to grow and spread throughout the premises.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff failed to notify him of necessary repairs and/or prevented him from completing repairs. The defendant further contended that he made all necessary repairs in a timely manner.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $212,000; the defendant made a C.C.P. Section 998 offer of $70,000.

Damages

The plaintiff suffered past and future medical expenses, personal property damage, relocation expenses, loss of enjoyment of premises, loss of possessory interest and general damages.

Injuries

The plaintiff became inflicted with ill health effects caused by her exposure to mold. The plaintiff suffered sinus problems, nasal drainage, headaches, migraine headaches, fatigue, stuffy nose, nose bleeds, sneezing, coughing, hoarseness, congestion, nausea, vomiting, eye irritation, ear infection, noise in ears, bleeding in ears, sore throat, general respiratory problems, burning sensation in lungs, stomach pain, lethargy, malaise, muscle aches, loss of appetite, weight loss, breathing difficulty, chest pain, memory loss, lack of concentration and ability to hold train of thought, mental fatigue, decreased concentration, dizziness, depression, emotional distress, skin rashes and insomnia. The plaintiff sought and received extensive medical treatment for her ongoing symptoms, including various radiological and laboratory studies. The plaintiff also underwent extensive allergy skin testing which conclusively determined that the plaintiff's symptoms were related to the exposure to mold within her home environment.

Result

Settlement in the amount of $167,500.