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Torts
Landlord and Tenant
Eviction

Keller Plaza v. Juan Carlos Miller

Published: Oct. 19, 2004 | Result Date: Jun. 10, 2004 | Filing Date: Jan. 1, 1900 |

Case number: WG04137717 Verdict –  $0

Judge

Gordon S. Baranco

Court

Alameda Superior


Attorneys

Plaintiff

William G. Segesta


Defendant

Laura Lane

Marc S. Janowitz


Facts

The plaintiff sought to evict the defendant who had lived in one of their apartments for 21 years. The plaintiff alleged that the defendant had maliciously destroyed the circuit breaker electrical box in the apartment. The defense argued that the landlord simply wanted him out of the apartment and that the eviction suit was in bad faith.

Damages

The plaintiff claimed that the defendant had damaged the apartment by destroying the circuit breaker box.

Result

The jury found for the defendant and determined that the attempted eviction was a breach of the implied covenant of good faith and fair dealing.

Deliberation

three hours

Poll

12-0


#117647

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