This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Landlord and Tenant
Breach of Warranty of Habitability

Maria-Elena Garcia v. Frank McHugh

Published: Sep. 3, 2011 | Result Date: Aug. 31, 2010 | Filing Date: Jan. 1, 1900 |

Case number: BC399615 Settlement –  $1,000,000

Court

L.A. Superior Central


Attorneys

Plaintiff

George J. Bagnall

Marcy Gribin

Paul B. Salvaty

Betsy Handler


Defendant

Michael D. Didszun

Evan A. Berman
(Berman Berman Berman Schneider & Lowary LLP)


Experts

Plaintiff

Richi Manchanda
(medical)

Gregory P. Wingerd
(technical)

Facts

Frank McHugh purchased the subject property, a residential apartment building, in 1995. Prime West Management managed the property from November 2008 through January 2010.

Maria-Elena Garcia and several other tenants, including minors, were tenants in the building. According to plaintiffs, they suffered from rashes, insect bites, allergies, foot fungus, oral fungus, asthma, and emotional distress as a result of the building's substandard condition. They sued McHugh and Prime West for tortious breach of the warranty of habitability, breach of the covenant of quiet enjoyment, nuisance, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent maintenance of premises, unfair business practice, and harassment.

Result

The parties reached a $1 million total settlement where each nine minor plaintiffs set to receive $52,289.


#117940

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390