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Contracts
Breach of Warranty
Warranty of Habitability

Cheronn Rashida Johnson, an individual, Roes 1-20 v. Warren Foster, an individual, and Does 1 through 20

Published: Oct. 4, 2014 | Result Date: Jun. 3, 2014 | Filing Date: Jan. 1, 1900 |

Case number: CGC-13-528416 Verdict –  $350

Court

San Francisco Superior


Attorneys

Plaintiff

Benjamin Martin


Defendant

Richard L. Richardson
(Siegal & Richardson LLP)


Facts

Cheronn Johnson brought a complaint against Warren Foster and Foster brought a counter-complaint against Johnson.

Contentions

PLAINTIFF'S CONTENTIONS:
Johnson alleged that she was a tenant at property owned by Foster, who was also her landlord. Johnson alleged that Foster breached the implied warranty of habitability in her rental agreement, in part, by failing to provide adequate windows, doors, electrical wiring, heating, electricity, and gas. Johnson also alleged that the defective conditions in the property constituted a nuisance, an unfair business practice, constructive eviction, and tenant harassment.

DEFENDANT'S CONTENTIONS:
Foster denied Johnson's allegations and brought a counter-complaint against Johnson for breach of contract, nuisance, conversion, and negligence.

Result

On Johnson's complaint a jury returned a verdict in favor of Foster on all of Johnson's claims. On Foster's counter-complaint the jury returned a verdict in favor of Foster on his conversion claim only and awarded him damages of $350.

Other Information

FILING DATE: Jan. 31, 2013.

Deliberation

one day

Length

eight days


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