Fair Housing Council of San Diego v. Penasquitos Casablanca
Published: Jan. 26, 2008 | Result Date: Jan. 11, 2007 | Filing Date: Jan. 1, 1900 |Case number: 05CV0072(LAB) Verdict – $47,500
Court
USDC Southern District of California
Attorneys
Plaintiff
Christopher A. Brancart
(Brancart & Brancart)
James M. Treglio
(Potter Handy LLP)
Defendant
Gregory P. Konoske
(Konoske, Akiyama & Brust LLP)
Facts
Plaintiff Joann Reed lived with her two sons and grandson in the Casablanca condominium complex located at 13222 Salmon River, San Diego until December 2004. Defendant Penasquitos Casablanca Owner's Association owned the complex. The defendant employed Kent McDonald, a sex offender, as a security guard between January and September of 2004. The plaintiff alleged that McDonald entered her residence on several occasions without notice or permission to engage in sexual advances. The plaintiff notified defendant of McDonald's behavior but defendant did not respond. The plaintiff filed a complaint with plaintiff Fair Housing Council of San Diego on July 13, 2004. McDonald's parole was revoked in September 2004. The plaintiff filed a lawsuit against defendants.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended violations of the federal Fair Housing Act, the California Fair Employment and Housing Act, the California Fair Employment and Housing Act, the California Unruh Civil Rights Act, the California Bane Civil Rights Act, unfair business practices, assault and battery, and negligent hiring and supervision.
Result
The total verdict was $47,500 for plaintiff Reed which included $10,000 for compensation for violations of the federal and state Fair Housing Act, the Unruh Civil Rights Act, and the Bane Act; $12,000 statutory for violation of the Unruh Civil Rights Acts; $25,000 statutory for violation of the Bane Act; and $500 compensatory for violation of the federal and state Fair Housing Act to plaintiff Fair Housing Council of San Diego.
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