Facts

In February 1991, Jane Eliason moved into her uncle's house to care for him at 1119 Ocean Avenue in San Francisco. Her husband, plaintiff Charles Eliason moved into the house in 1995. Jane's uncle was transferred to a constant care facility and plaintiff and Jane stayed in the house.

From the time plaintiff moved into the house in 1995, the unit was uninhabitable. The roof was leaking; the roof structure and support was in need of repair; there was mildew; there was widespread insect and rodent infestation; the sewer pipe was broken and discharged in the driveway; the interior plumbing often backed up; electrical outlets did not work; the windows did not open; the vegetation had taken over the property; and the landlord was dumping and storing debris on the property.

In 1999, plaintiff and the uncle complained to the owner of the building, Richard Antonchuk, regarding the roof leak and he placed a tarp over the roof.

On Sept. 13, 2001, plaintiff waged a complaint to the San Francisco Department of Building Inspections. On Oct. 4, 2001, the inspector from the Department of Building Inspection found the premises to be non-code compliant and uninhabitable and issued a notice of violation to defendants. On Nov. 5, 2001, the inspector made a follow-up inspection and because it was still uninhabitable he issued a second notice of violation. The roof then collapsed and plaintiff's personal property was destroyed. The inspector issued a final warning letter. The defendants called and told the inspector that they would not repair the premises.

On Jan. 23, 2002, the inspector referred to matter to the Director of the Department of building inspection. The director then issued a Notice of Abatement on the premises.

The case was amended to include the wrongful death of Jane Eliason based upon conditions at the rented unit, but the claim was dismissed prior to trial.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendants' inaction and affirmative misconduct was malicious, fraudulent, and in reckless and knowing violation of plaintiff's rights.

Settlement Discussions

Plaintiff was offered $10,000 to settle prior to trial.

Damages

The plaintiff sought injunctive relief allowing him to return to his home after it was rebuilt. The plaintiff wanted defendants to provide the housing services due under the law. Also, plaintiff wanted economic, non-economic and punitive damages.

Injuries

The plaintiff suffered from physical and emotional injuries.

Result

Verdict for plaintiffs initially in the amount of $22,250 in damages. This award broke down into a 30 percent responsibility against defendant Roman Knop; 30 percent responsibility against defendant Galina Knop; 40 percent responsibility against plaintiff Charles Eliason. After plaintiff's cost memorandum and motion for fees, the court amended the judgment to allow plaintiff to recover $13,500 for the principal and $5,3637 in costs from defendants Knop. No punitive damages or injunctive relief was awarded. Attorney fees were sought under CC 1942.4 but denied because Knop refused to take rent from Eliason. Also Eliason is disabled by alcohol addiction. That addiction was obvious throughout the trial. Defendants raised said issue in closing.