Roy Frye, et al. v. Skyline Realty, et al.
Published: Jun. 18, 1994 | Result Date: Jun. 3, 1994 | Filing Date: Jan. 1, 1900 |Case number: 952016 – $239,005
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Stephen L. Collier
(Tenderloin Housing Clinic)
Defendant
Facts
Sixteen Plaintiffs, ranging in age from 40 to 90 years, sought damages for substandard conditions and lack of security at 935 Geary Street, a residential hotel owned and managed by Defendants. Plaintiffs contended that from May 23, 1989, to the present, the Defendant Skyline Realty breached the implied warranty of habitability and the covenant of quiet enjoyment, allowed a nuisance to exist on the property, were negligent, and violated Civil Code Section 1942.4 by failing to maintain the building in a safe, habitable, and secure condition. Plaintiffs also sought damages for breach of the warranty of habitability relating to elevator service. Plaintiffs contended that Defendants maintained a nuisance as vagrants in the neighborhood entering the building. Plaintiffs contended they suffered emotional distress and fear as a result of the vagrancy problem. Defendants contended that they maintained the premises in a safe, habitable, and secure condition. Defendants further contended that, if there were any violations, they were due to the fault of others or the Plaintiffs.
Settlement Discussions
Plaintiffs contend that before trial they demanded $125,000 increased to $175,000 during trial; and Defendants offered $40,000 before trial and $125,000 during trial. Defendants contend that Plaintiffs demanded $233,000 in April of 1994.
Specials in Evidence
$1,140 total not claimed
Damages
Plaintiffs requested damages in the amount of $350,000. Defendants denied any liability or damages.
Other Information
All but three Plaintiffs were retired or disabled; no lost earnings were claimed. The complete list of named Defendants were as follows: Skyline Realty Company, Hermann/Sutter Associates (a general partnership), David Raynal, and Frank E. Lambi. The Court allowed Plaintiffs to recover tort damages under the warranty of habitability for a period of 4 years, if a written agreement existed; or two years, if an oral agreement existed; most Plaintiffs had written agreements.
Deliberation
1.5 days
Poll
12-0
Length
1 month
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