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Real Property
Landlord and Tenant
Breach of Warranty of Habitability

Alicia Lopez v. Doe Building Owner, Roe Construction Company

Published: Apr. 10, 2010 | Result Date: Sep. 1, 2009 | Filing Date: Jan. 1, 1900 |

Case number: LC082238 Settlement –  $10,000

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Morris S. Getzels
(Morris Getzels Law Office)


Defendant

Gabriele M. Lashly
(Slaughter, Reagan & Cole LLP)

Douglas A. Shaw

William M. Slaughter
(Slaughter, Reagan & Cole LLP)

Karen Marie Harmeling
(Procter & Shyer LLP)


Facts

Plaintiff Alicia Lopez and her three minor sons, Does 1, 2, and 3, were tenants in a Van Nuys apartment building owned by defendant Doe Building Owner and constructed by defendant Roe Construction Company. In April 2007, plaintiffs discovered water intrusion in their apartment resulting in mold. They were relocated to another apartment in the complex and returned in August 2007. In January 2008, plaintiffs made a second complaint of mold in the apartment.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendants did not properly remedy the mold and water continued to intrude into the apartment.

DEFENDANT'S CONTENTIONS:
Doe Building Owner claimed that it had remedied the water intrusion problem.

Settlement Discussions

Plaintiffs demanded $72,000.

Injuries

Plaintiffs claimed mold-related injuries.

Result

The parties settled at mediation. The settlement totaled $10,000, with Lopez receiving $8,000 and each of her sons receiving $500. Doe Building Owner paid $4,000 and Roe Construction Company paid $6,000.

Other Information

FILING DATE: July 31, 2008.


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