Facts

In 1989, June Marie Williams leased a two-bedroom apartment through the Oakland Housing Authority after she was issued a Section 8 certificate. Williams, who lived with her 23-year-old daughter at the time, leased the apartment from Hershel Brantley. The contract between the parties provided that both Williams and her daughter would be permanent residents. In 1990, Williams was told that she had 120 days to vacate the apartment and move into a studio because she no longer qualified for the two-bedroom due to her daughter's incarceration. The following month, Brantley informed Williams that he was terminating her lease in August for other reasons. In September, Brantley filed an unlawful detainer action against Williams. Thereafter, Williams' daughter was released from her incarceration. Williams unsuccessfully requested a certificate for a two-bedroom apartment from the Oakland Housing Authority. Instead, the housing authority gave her an extension in which to find a studio apartment. Williams was evicted from her apartment on Nov. 1. Her extension to find a studio apartment expired in February 1991, at which time Williams was terminated from the Section 8 program. At a hearing one year after her eviction, the decision was affirmed. Thereafter, Williams became homeless. She filed a lawsuit against the Oakland Housing Authority and its employees Tim Doyle, Roy Rettig and P.J. Neville alleging breach of contract, violation of California's Fair Employment and Housing Act and violation of Government Code Sections 815.2, 815.6 and 12955.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she requested and was denied the opportunity to present her case at an informal hearing after she was informed she had 120 days to move into a studio apartment. Thereafter, the plaintiff claimed she was rendered homeless as a result of the defendant's refusal to grant her request for re-issuance of two-bedroom housing. The plaintiff's counsel contended that when the defendant transferred the plaintiff to a studio apartment, it failed to give her notice of her rights. In addition, the transfer certificate wasn't even issued until after the 120-day period had passed.

DEFENDANT'S CONTENTIONS:
The defense contended that the plaintiff was rendered homeless as a result of her landlord's decision to evict her, not because of the defendant. Further, at the time of her eviction, the plaintiff was certified to rent a studio apartment, which she failed to do. Further, the plaintiff failed to mitigate her damages by accepting the studio before her certificate expired, therefore the defendant was not responsible for the plaintiff's claimed damages. The defense also claimed that a 1990 rape brought on the plaintiff's stress not by being homeless.

Settlement Discussions

The plaintiff demanded $130,000, which was later revoked. The defendant offered $40,000 (C.C.P. 998).

Damages

The plaintiff sought compensatory damages in the amount of $72,000 for the 12-year-period during which she lost Section 8 assistance. During that time, she paid for her housing with her social security benefits. The plaintiff regained the assistance in 2003 when a determination was made that her assistance was improperly terminated.

Injuries

The plaintiff claimed she suffered from emotional distress and post-traumatic stress disorder that resulted from her homelessness.

Result

Defense verdict. The jury determined that the plaintiff failed to mitigate her damages and was 50 percent at fault. The Oakland Housing Authority was found to be 15 percent at fault. Williams was not awarded damages. According to the plaintiff, the jury found unanimously that defendant OHA breached mandatory statutory duties.

Deliberation

six hours

Length

eight days