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CONFIDENTIAL

Dec. 24, 2002

Landlord/Tenant
Wrongful Eviction
Apartment Rental

Confidential

Settlement –  $15,500

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert Sainburg


Defendant

Wayne M. Abb


Facts

The plaintiff and her son lived in a rental unit in Montrose. This unit was owned by the defendant, a real estate agent and his wife. The defendant sent a 30 day notice to terminate the tenancy to the plaintiff and stated that if the plaintiff did not leave by the end of 30 days, her utilities would be shut off. She did not leave and her utilities were all shut off. Subsequently, the defendant served a three day notice upon the plaintiff. However, during these three days, the defendant, while being videotaped, both audibly and visually, stated that he was sorry for illegally shutting off the plaintiff and her son's gas, electricity and water, and that she could stay for six months rent-free. Notwithstanding, when she did not pay the rent during the three day period, the defendant instituted an action for eviction against her.

Settlement Discussions

Settlement included a provision that the tenant could remain in the unit until Dec. 9, 2002.


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