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Contracts
Breach of Contract
Conversion

Mike Hero v. Brian Malone

Published: Jan. 11, 2005 | Result Date: Apr. 28, 2004 | Filing Date: Jan. 1, 1900 |

Case number: PC029396 Bench Decision –  $110,838

Judge

Barbara M. Scheper

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Daniel P. Willsey


Defendant

Roger A. Franklin


Facts

Mike Hero, 56, rented his house to Brian Malone, 42, as a roommate. Malone was left in the house over several months and failed to pay rent. He also stole Hero's personal property and allegedly destroyed what he did not take. Hero sued Malone for theft of his personal property and damage to his home. The defendant contended that he was constructively evicted due to threats by the plaintiff. He also contended that unknown third parties took the plaintiff's property and vandalized the house.

Settlement Discussions

The defendant offered $5,000.

Damages

$89,000 damage to personal property; $24,000 damage to the house; $11,000 rent.

Injuries

The plaintiff claimed he suffered emotional distress due to the loss of irreplaceable family heirlooms.

Result

$110,838


#114278

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