Facts

In February 2004, Avery Montgomery, a Section 8 recipient, lived at 701 26th Street in Oakland when his landlords informed him that he had to move out due to renovations. When he refused to return the keys to the home, the landlords changed the locks. Montgomery sued co-owners Willie, Ruby, Gary, and Donna Shields for negligent infliction of emotional distress, loss of property, and loss of property use.

PLAINTIFF'S CONTENTIONS:
Montgomery claimed that he had made partial payment of rent and thus should be able to occupy the premises. Further, he alleged that the co-owners failed to give him proper notice when they changed the locks.

DEFENDANT'S CONTENTIONS:
The defendants argued that they properly sent written notice to Montgomery and the Housing Authority. They also contended that they gave Montgomery additional time to take away his possessions. Further, they claimed that they changed the locks only after it seemed as though Montgomery had moved out.

Settlement Discussions

The plaintiff demanded $164,000 and the defense offered $5,000.

Injuries

Montgomery claimed emotional distress.

Result

The court found in favor of the defendants.

Other Information

Great American insured the defendants.

Length

two days