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Real Property
Habitability
Constructive Eviction

Ivan Valladares Cruz, Deybis Nohelia Castro, Valeska Cruz Velasquez v. Victor Serrato, Dalis Cruz Velasquez, and Does 1 to 10, inclusive

Published: Feb. 22, 2019 | Result Date: Oct. 2, 2018 | Filing Date: Nov. 20, 2017 |

Case number: CGC-17-556619 Settlement –  $32,000

Judge

Cynthia Ming-Mei Lee

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Michael C. Spalding
(Homeless Advocacy Project)


Defendant

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


Facts

Plaintiffs Ivan Valladares Cruz, Deybis Castro, and Valeska Cruz Velasquez filed a landlord-tenant lawsuit against property owner Victor Serrato and Master Tenant Dalis Cruz after an argument over the amount of rent paid by plaintiffs and Cruz.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiffs claimed they had been wrongfully evicted from two of the four bedrooms in the rental unit. Plaintiffs also asserted causes of action for tenant harassment, and breach of the covenant of habitability. Plaintiffs also claimed habitability violations.

DEFENDANTS' CONTENTIONS: Defendants denied the allegations.

Settlement Discussions

According to plaintiff, plaintiff's 998 offer was for a total of $32,500. The offer included $15,000 from one defendant, $15,000 from another, and $2,500 from another, which was accepted. According to defendant, plaintiff made a CCP 998 demand of $219,000. Defendant made a CCP 998 offer $15,000.

Result

The parties agreed on a settlement for $32,000, plus surrender of premises by Master Tenant Dalis Cruz.


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