Kimo Keawe; Vernon Charles; Shaylin Florez v. Celia Bonfiglio, as Trustees of the Florine Carpenter Trust, and Does 1 through 100, inclusive
Published: Jan. 22, 2021 | Result Date: Dec. 22, 2020 | Filing Date: Apr. 18, 2019 |Case number: CGC-19-575368 Summary Judgment – Defense
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
John C. Miller Jr.
(Miller Injury Attorneys, Inc.)
Defendant
John R. Brydon
(Demler, Armstrong & Rowland LLP)
Vicky W. Chan
(Demler, Armstrong & Rowland LLP)
Facts
Plaintiffs Kimo Keawe, Vernon Charles, and Shaylin Florez, filed suit against Defendant Celia Bonfiglio, as trustee of the Florine Carpenter Trust, and asserted causes of action for negligence, breach of contract, breach of implied warranty of habitability, nuisance, constructive/wrongful eviction, and retaliatory eviction.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended Defendant was negligent in its actions of failing to maintain and repair an intrusive water invasion and leaks located at the rental property that Plaintiffs resides and rented. Plaintiffs contended Defendant failed to repair the water intrusion, failed to provide the building with ceilings, roofs, or walls in a non-deteriorated state. Plaintiffs also contended Defendant breached its duty of care and failed to use ordinary reasonable care when Defendant failed to warn Plaintiffs of the dust mites and other health hazards that caused significant property and personal property damage to Plaintiffs belongings. Plaintiffs lastly contended Defendant's actions caused Plaintiffs to be subjected to unsuitable living conditions that breached its implied warranty of habitability
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiffs' contentions and moved for summary judgment on the grounds that no triable issue as to any material fact existed, thus Defendant was entitled to summary judgment as a matter of law.
Result
The court granted Defendant's Motion for Summary Judgment.
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