Andrew Anderson, et al. v. John Stewart Company, Preservation Southpointe LP, Pacific Housing Inc., Preservation Properties III LLC, Squier Properties LLC, Domus Management Company, And Does 1 to 30, inclusive
Published: Aug. 27, 2021 | Result Date: May 6, 2021 | Filing Date: May 21, 2020 |Case number: 34-2020-00279218-CU-MC-GDS Settlement – $2,250,000
Court
Sacramento County Superior Court
Attorneys
Plaintiff
Thomas H. Citron
(Citron & Citron)
Philip Treacy
(Citron & Citron)
Defendant
Joshua D. Bordin-Wosk
(Bordin Semmer LLP)
Facts
The residents of a subsidized apartment complex in Sacramento sued the owners and the managers of the building based on breach of contract, breach of implied warranty, negligence and Code Violations Civil Code 1940, 1941,1942 and 1954. The 75 plaintiffs alleged the presence of mold stemming from rain events and HVAC units, along with the presence of insects, and various other inhabitable conditions. Plaintiffs also sought statutory and contractual attorney fees.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that they were had been subjected to substandard living conditions for several years including exposure to mold, moisture intrusion, vermin and insect infestations, illegal and unauthorized inspections and code violations. Plaintiffs contended that the owners were aware of property defects resulting in these conditions for many years and failed to adequately repair, replace or remediate those defects.
DEFENDANT'S CONTENTIONS: Defendants did not contest liability but disputed the nature and extent of the claimed injuries and damages.
Result
The case settled for $2,250,000 shortly before trial.
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