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CONFIDENTIAL

Jul. 9, 2005

Torts
Landlord and Tenant
Breach of Agreement

Confidential

Settlement –  $300,000

Court

San Francisco Superior


Attorneys

Plaintiff

Marc S. Janowitz

Donna M. DeMatteo

Kevin M. Solan
(Solan Park & Robello LLP)


Defendant

Stuart R. Curran


Experts

Plaintiff

Richard J. Devine
(technical)

Facts

Christopher Craig, 47, and David Lebowitz, 42, were tenants in two separate units of an apartment building in San Francisco. In 1999, Thomas Iveli purchased the building and served Craig and Lebowitz with an owner move-in eviction notice. The notice was served pursuant to the San Francisco Residential Rent Stabilization & Arbitration Ordinance. Craig and Lebowitz fought the eviction and settled the case by receiving a total of $25,000 to move. Craig and Lebowitz retained the right to sue Iveli if he did not move into the building. Upon discovering that Iveli did not move in, Craig and Lebowitz sued Iveli for breach of the settlement agreement and violation of the San Francisco Rent & Eviction Control Ordinance. The defendant denied the plaintiffs' allegations. He contended that he did move into the six-unit building and lived there continuously for 36 months.

Settlement Discussions

The plaintiffs demanded $425,000. The defendant made no offer.

Damages

$100,000 in economic damages for increased housing and $50,000 for past loss of earnings.

Injuries

The plaintiffs claimed they suffered from emotional distress as a result of losing their apartments.

Result

$300,000

Other Information

The case was settled for $300,000 at a mediation session with Bradley P. Kaplan, Esq. (neutral).


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