Facts

Plaintiffs Milagros Quinto Espena, Erik Javier Granados and their two young children Elizabeth Morgan Granados and Erik Kingston Granados were tenants at San Mar Manor on Westmoreland Avenue in Los Angeles. The property was owned and managed by 523 S. Westmoreland LLC and Joseph Nankin from Nov. 17, 2006 until Nov. 21, 2018. Thereafter it was owned and managed by 523 S. Westmoreland Ave. LLC and Statewide Enterprises, Inc. Plaintiffs claimed that the 56-unit apartment building was swarming with vermin and chronically infested with bed bugs and cockroaches. Since moving into the apartment six years ago, plaintiffs assert that they have been victimized by bed bugs, cockroaches, rats, water leaks, plumbing leaks, sewage water floods, chronic mold growth, degraded and hazardous flooring, damaged walls and broken windows, and other defects that have rendered that apartment uninhabitable.

PLAINTIFF'S CONTENTIONS: Plaintiffs allege breach of implied warranty of habitability, tortious breach of implied warranty of habitability, negligence, negligent infliction of emotional distress, private nuisance, and violations of Cal. Civ. Code Sec. 1942.4, and Cal. Bus. and Prof. Code Sec. 17200.

Plaintiffs assert that defendants avoided and ignored plaintiffs' complaints, rejected requests for testing and repairs, and repeatedly failed to properly repair, remediate, and abate dangerous and hazardous conditions.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Insurer

The prior owner defendants are insured by State Farm General Insurance. The policy has limits of $1 million per occurrence. The current owner defendants are insured by QBE Specialty Insurance Company. The policy has limits of $1 million per occurrence.

Damages

Plaintiffs have had to dispose of furniture and other personal property due to chronic bed bug and cockroach infestations.

Injuries

Plaintiffs have suffered from headaches, fevers, frequent colds and allergy-like symptoms, congestion and coughs, throat inflammation, constant bloody noses, diarrhea, vomiting and stomach pain, infected insect bites, itchy skin rashes and other long-term, debilitating injuries. The entire family has suffered chronic toxic stress from exposure to the conditions at the property and defendants' failure to perform the maintenance and repairs necessary to abate the defects.

Result

$1,150,000.

Other Information

Prior owner defendants 523 S. Westmoreland LLC and Joseph M. Nankin and their insurer State Farm paid $150,000.00 prior to mediation. Current owner defendant 523 S. Westmoreland Ave. LLC and property manager Statewide Enterprises, Inc. and insurer QBE Specialty Insurance Company paid plaintiffs' policy limits demand of $1 million subsequent to mediation.