Confidential
Settlement – $75,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Joseph M. Kar
(Law Offices Joseph M. Kar PC)
Defendant
Josiah C. Boggs IV
(Kirk & Myers)
Michael A. Branconier
(Fuentes & McNally LLP)
Facts
The plaintiffs alleged that they were wrongfully evicted from their single family rent stabilized residence, and also alleged that the unit was uninhabitable due to toxic mold and lack of repair by the landlord. The plaintiffs alleged the defendants evicted the plaintiffs despite having failed to comply with a City Notice to Comply and County Notice of Violation. According to the defendants, the City voided the notice. Also, according to the defendants, there was no eviction, that eviction action was compromised and that the plaintiffs took four-month free rent and agreed to move out.
Settlement Discussions
The case settled at mediation before Adam Porter for $75,000 which was divided among the four plaintiffs, two adults and two minors.
Damages
The plaintiffs' damages included medical bills, constructive eviction, damages for increased rent, damage to personal property, relocation expenses, personal injury damages (from toxic mold poisoning), emotional distress, and civil and statutory penalties.
Other Information
According to the plaintiff: The defendants have yet to perform on the settlement pursuant to C.C.P. Section 664.6. A motion to enforce settlement is expected by June 9, 2005 unless the defendants fully perform on the agreed upon settlement.
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