Facts

Plaintiffs Patricia Macias and her minor son lived in an apartment complex on 20th Street, in Los Angeles, owned by defendants Leigh and Irene Hovey. Defendant Victor Flood was a fellow tenant in the complex. Macias' son was born in 2006, a year after she moved into the complex. He suffered from multiple disabilities including Downs syndrome, congestive heart failure, and breathing problems. He had required open-heart surgery shortly after being born. Macias brought suit for harassment and discrimination against Flood and the Hoveys.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Flood, their next door neighbor, would sit outside on the balcony, make noise, drink alcohol and smoke marijuana, preventing the son from getting fresh air. Plaintiffs further contended that the son could not sleep and grew sick. Plaintiffs claimed that, when Macias complained to Flood, Flood grew upset and went to the parking lot, where Macias found her tires slashed the morning after. When Macias complained to Leigh Hovey, she threatened Macias.

Macias argued that Leigh Hovey allowed Flood to do anything he wanted to force her to move out and so Flood terrorized her on a daily basis. Also, Leigh Hovey falsely accused her of using drugs and causing noise.

DEFENDANT'S CONTENTIONS:
The defense contended that Macias' story was fiction. The defense claimed that at two prior buildings where she had lived, Macias told very similar stories about her neighbors and landlords. The defense further contended that Macias' own daughter had never heard that the tires had been slashed on the car. Defendants alleged that Macias' method was to convince Section 8 to find her new apartments. The defense also asserted that Flood was a model tenant for more than 10 years before Macias moved into the building. The defense also contended that Macias was habitually late paying her share of the government-subsidized rent.

Injuries

Macias claimed emotional distress.

Result

The parties settled for $7,500, of which $3,500 went to attorney fees.

Other Information

The case was mediated before Hon. Chris Conway of Judicate West. Shortly before the mediation, as Macias was moving out of the building, Macias went to court ex parte, without her attorney and without notice to the Hoveys, to ask for a TRO to stop their alleged harassment. The judge denied the TRO, holding that the evidence showed Macias had not been harassed. FILING DATE: March 9, 2009.