Facts

In March 2003, plaintiffs Cathy Rodriguez and her daughter-in-law, Dulce Martinez moved into a house on Northview Avenue in Hayward. Before plaintiffs moved in, they walked through the house with Rose M. Rivera, the daughter of the property's late owner, Rose B. Rivera. Allegedly, during this walk-through, Rivera promised that certain repairs would be made and that unfinished work would be completed before plaintiffs moved in. However, according to plaintiffs, little repair work was finished when they moved in.

Even though plaintiffs repeatedly complained about the unfinished repair work, the landlord did not fix the problems. Then, in 2004, Eduardo Xavier, trustee of the trust of Rose B. Rivera, which paid for the property's upkeep, notified plaintiffs that they were being evicted since the estate was selling the property. Rodriguez sought to purchase the property but was outbid by another buyer.

PLAINTIFFS' CONTENTIONS:
The plaintiffs sued Rose B. Rivera's estate and the trust, Rose M. Rivera, Eduardo Xavier, and Ruth Wilson, who owned 27% of the property, for breach of contract, breach of the implied warranty of habitability, and breach of the covenant of quiet use and enjoyment.

DEFENDANTS' CONTENTIONS:
Rose M. Rivera and her mother's estate and trust denied that any promises were made to plaintiffs regarding repairs and remodeling. They further argued that plaintiffs moved in with full notice of the property's imperfections, fought eviction and tried to buy the house. Hence, defendants argued, the property could not have been uninhabitable.

Xavier contended that Rose M. Rivera was completely at fault, because she improperly exerted control over the property after her mother's death in 2002. Xavier emphasized that he was not appointed trustee until June 2003; hence, he played no part in any promises made to plaintiffs regarding repairs.

Damages

The plaintiffs did not specify their damages before settlement.

Result

The defendants settled for $15,000, broken down as follows: $13,500 to Rodriguez and $1,500 to Martinez. The estate and trust of Rose B. Rivera will pay $13,500, and Rose M. Rivera will pay $1,500.