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Real Property
Wrongful Eviction
Breach of Warranty of Quiet Enjoyment

Elizabeth Link, individually and as Guardian ad Litem of Nathaniel Link v. Jameel Munir, Hanifa Munir, Hashim Munir, and Does 1 to 10

Published: Feb. 8, 2019 | Result Date: Jul. 9, 2018 | Filing Date: Jul. 13, 2016 |

Case number: CGC-16-553011 Settlement –  $510,000

Judge

Angela Bradstreet

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Mark Hooshmand
(Hooshmand Law Group)


Defendant

Margaret M. Lesniak
(Demler, Armstrong & Rowland LLP)

John R. Brydon
(Demler, Armstrong & Rowland LLP)


Experts

Defendant

David P. Wasserman
(Wasserman Stern) (landlord and tenant law)

Eric J. Drabkin
(economist)

Richard Norman
(construction)

Facts

Plaintiffs Elizabeth Link and her son, Nathaniel Link, filed a wrongful eviction claim against defendants Jameel Munir, Hanifa Munir, and Hashim Munir.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiff, a long-standing tenant, alleged wrongful eviction in violation of the San Francisco Rent Ordinance owner move-in eviction provision. Plaintiff claimed that defendant Hashim Munir was to move into the property within 90 days of plaintiff vacating the property, but allegedly did not move into the until the complaint was served two years later in violation of the San Francisco Rent Ordinance. Plaintiff also alleged multiple habitability violations to the interior and exterior of the subject property and alleged excessive rent charges as a result.

DEFENDANTS' CONTENTIONS: Defendants denied the allegations.

Settlement Discussions

Plaintiff demanded $900,000. Defendant made a CCP 998 Offer for $300,001.

Damages

Plaintiff sought compensatory damages, treble and punitive damages pursuant to the San Francisco Rent Ordinance, and attorney fees.

Result

The parties settled the matter or $510,000.


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