Facts

Alicia Salguero, German Hernandez, Eduardo Hernandez, MaryJane Ruano and Sarai Hernandez were residents of 4168 1/2 South Figueroa Street in Los Angeles. They lived in the apartment as tenants since about July 4, 2005. The residents filed a lawsuit against the owner of the property, Khanh Tran, as well as the property managers, Pizmo Inc. and Suba Management Solutions LLC in relation to the residents' living conditions at the property.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that defendants failed to maintain and repair the apartment they occupied. In particular, they alleged that they endured severe and pervasive cockroach and black widow spider infestations, causing them to inhale and digest dead cockroach body parts, feces and urine. They also claimed the cockroaches invaded their food and living areas, and bit them and their children.

Plaintiffs also claimed that the apartment had widespread mold and mildew problems that caused or increased the possibility of risk of allergy and asthma. Last, plaintiffs claimed that the apartment had old and broken floors, peeling paint, broken or missing smoke detectors, torn or missing security screens, insufficient running water, leaking faucets and fixtures, broken cabinets and other defects. Plaintiffs alleged that the defendants knew about these defects, which were caused by defendants' negligent and/or intentional conduct in violation of City of Los Angeles housing and building regulations.

In their complaint, plaintiffs alleged breach of implied contract, tortious breach of implied warranty of habitability, negligence, private nuisance, violations of Civil Code Section 1942.4, violations of Business and Professions Code Section 17200, and violation of the Los Angeles Municipal Code.

DEFENDANT'S CONTENTIONS:
Defendants denied any wrongdoing and asserted that plaintiffs failed to take care of the apartment by exercising ordinary care to avoid damage and loss to the property. Defendants claimed that plaintiffs failed to mitigate their personal injuries and could have made expenditures to protect themselves.

In addition, defendants argued that they could not be reasonably expected to anticipate the damages or injuries complained of and defendants did not have control over the premises where the injuries allegedly occurred.

Injuries

Plaintiffs claimed they suffered from general respiratory and dermatological symptoms, such as mild intermittent asthma, allergic reactions and skin rashes. They had to receive prescription treatments and used over the counter medicines.

Result

Defendants agreed to pay $451,100 to all plaintiffs. Of the settlement amount, Salguero and German Hernandez received $364,000, Eduardo Hernandez received $24,300, and MaryJane Ruano and Sarai Hernandez received $62,800. In addition, litigation costs and expenses amounted to $2,684 and attorney fees amounted to $7,850.