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Consumer Law
Unfair Competition
Breach of Warranty of Habitability

The People of the State v. 850 Warwick Avenue, Ashok K. Sharma

Published: Dec. 23, 2021 | Result Date: Feb. 4, 2021 | Filing Date: Jul. 31, 2019 |

Case number: 56-2019-00531337-CU-MC-VTA Settlement –  $1,000,000

Judge

Ronda J. McKaig

Court

Ventura County Superior Court


Attorneys

Plaintiff

Karen L. Wold
(Office of the Ventura County District Attorney)


Facts

In a mostly quiet street, on the west side of Moorpark Road, north of Wilbur Road, stands an apartment complex. Located at 850 Warwick Avenue in Thousand Oaks, it was owned by Ashok K. Sharma, a medical doctor residing in La Cañada Flintridge. For the past 15 years, the City of Thousand Oaks had sought to bring Sharma into compliance with habitable housing laws. On July 31, 2019, the Consumer and Environmental Protection Unit of the District Attorney's Office, on the request of the City, filed suit against Sharma.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff, the People of the State of California through the prosecutors with the Ventura County District Attorney's Office, contended that defendant Sharma violated multiple state health and safety, penal, municipal, state plumbing codes and other statutes. Specifically, they alleged that while Sharma owned and operated the 850 Warwick apartment complex, his tenants endured substandard building conditions: rat, roach and bedbug infestations and, hazardous electrical, plumbing, inadequate heating and mold, along with other unlawful, substandard living conditions. Finally, they also noted that Sharma engaged in unfair competition pursuant to Business and Professions Code Section 17200.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

After the lawsuit was filed on July 31, 2019, Sharma was required to fumigate the building, complete necessary repairs and sell it to a new owner. Then, in January 27, 2021, District Attorney Erik Nasarenko announced that a civil settlement had been reached with Sharma. Under the terms of the stipulated judgment and settlement, Sharma would pay $1,000,000 to settle the case, including civil penalties as well as reimbursement for investigative costs to the District Attorney's Office, City of Thousand Oaks, Ventura County Environmental Health Department and the Ventura County Fire Department.

Other Information

The building is now owned by IEC IV REIT Acquisitions LLC.


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