Facts

On Sept. 1, 2004, plaintiff Mary Kees, Addie Snell, James Snell, and Cory Jenkins moved into an apartment at 1507 48th Avenue in Oakland where defendant Novella Rice was their landlord. They agreed to pay a $1,200 rental deposit and $1,000 per month in rent. Rice informed them that she had the legal right to rent the premises. However, Rice had failed to acquire a city of Oakland permit to convert the unit into a legal residential unit. Prior to March 4, 2005, the tenants complained to Rice about ants and a water leak in the ceiling. Rice tried to fix these conditions and subsequently told the tenants to vacate the premises. Later, Rice told them to sign an agreement referring to the fact that Rice had not actually fixed the problems and said that they had to leave if they did not sign the agreement. The tenants signed the agreement and called the city of Oakland, which performed an inspection, which revealed that the unit was illegal. Next, Rice told the tenants to leave again and they did on May 15, 2005. The tenants sued Rice for wrongful eviction, fraudulent misrepresentation, uninhabitable conditions, and Civil Code violations.

PLAINTIFFS' CONTENTIONS:
The plaintiffs alleged that Rice fraudulently misrepresented that she had the legal right to rent the premises, failed to informed them that only one meter exited for PG&E services, failed to make an accounting of their security deposition in violation of Civil Code Section 1950.5, and evicted them with retaliatory motives in violation of Section 1942.5. Further, they claimed that Rice violated Oakland's Just Cause for Eviction Ordinance, under which good cause is needed for the eviction of a tenant.

Injuries

The plaintiffs suffered emotional distress.

Result

The court awarded the plaintiffs actual damages, as well as $15,450 in attorney fees and $1,467 in costs.

Other Information

FILING DATE: Sept. 22, 2005.