Francisca Solorio v. Laurie Ann Pastel, et al.
Published: Aug. 18, 2023 | Result Date: Jun. 13, 2023 | Filing Date: Apr. 30, 2021 |Case number: 21SMCV00814 Verdict – Defense
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Azuka L. Uzoh
(Law Office of Azuka L. Uzoh)
Defendant
Mitchell F. Ducey
(Masserman & Ducey LLP)
Facts
Laurie Ann Pastel, in her capacity as Trustee of the Pastel Family Trust, managed the subject residential property located in Culver City. This property, previously owned by plaintiff, was under the Trust's ownership from 2012 to the present day while the plaintiff has resided there as a tenant. Plaintiff initiated a lawsuit against Pastel, as an individual and in her capacity as Trustee, raising causes of action that include breach of the implied warranty of habitability along with other related claims against defendants.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants were negligent in the ownership and management of the subject property; repeatedly sent notices to maintain the property designed to cause plaintiff emotional distress; renovated the property in a manner that constituted a breach of the covenant of quiet enjoyment; and did not respond adequately to notices of violation from the Culver City Code Enforcement Department. Plaintiff claimed to have sustained injuries and severe emotional distress from defendants' conduct.
DEFENDANT'S CONTENTIONS: Defendants denied liability for all causes of action and plaintiff's claimed injuries and damages. Defendants asserted that the notices issued to plaintiff, particularly those during the COVID-19 pandemic, were aimed at ensuring the property's safety and informing plaintiff of necessary maintenance at the premises. Furthermore, defendants contended that these notices served to inform plaintiff of defendants' correction of violations issued by the Culver City Code Enforcement Department. Contrary to plaintiff's contentions, defendants contended their conduct was not intended to harass plaintiff.
Settlement Discussions
Plaintiff made a verbal settlement demand shortly before trial of $210,000, with no move-out from the property. Defendants offered $13,200, with a move-out from the property.
Damages
Plaintiff asked the jury to return a verdict of $150 per day for the entirety of plaintiff's tenancy from 2012 to the present, an amount in excess of $600,000.
Injuries
Rent reimbursement for the entire period of the tenancy; medical expenses; non-economic damages for pain and suffering; and punitive damages.
Result
Unanimous defense verdict.
Deliberation
2.5 Hours
Length
five days
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