Facts

Plaintiffs Joe Caldarola, Leah Samul, husband and wife, resided for 20 years in a Berkeley rent-controlled apartment owned by defendants Stan Leibowitz and Paula Millman, husband and wife. Defendants served Plaintiffs with a 30-day notice to quit the parking garage in their apartment and sought to adjudicate the right to use the garage for their own purposes before the Rent Control Board. Defendants then used self-help by twice removing the garage locks and then parking their car in the garage to deprive tenants of its use.

Early in the litigation, the Court granted Plaintiffs' temporary restraining order and preliminary injunction.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that they had a right to permanent use of the garage; the notice to quit was in retaliation for tenants refusal to enter into a separate garage rental agreement; the self-help violated the Civil Code, and violated the Rent Control Ordinance because it was an attempt to force Plaintiffs to move in order to increase the apartment rent.

Settlement Discussions

Plaintiffs made no specific demand, but stated to the court settlement judge and to the mediator that they would not accept $65,000 and parking if offered. Defendants made a CCP 998 offer of $50,001, plus quiet enjoyment of parking. At the mandatory settlement conference, Plaintiffs' last offer was $65,000 plus parking. Defendants' last offer was $45,000 plus parking.

Damages

Plaintiffs sought declaratory relief and a permanent injunction, in addition to damages. Plaintiffs sought emotional distress damages for wrongful partial eviction ($150,000), violation of the Berkeley Rent Control Ordinance and California statutes on landlord self help ($10,000), treble damages ($450,000), attorney's fees ($50,000), and punitive damages.

Result

The parties settled for $50,001, plus parking.

Other Information

INSURER: Safeco Insurance Company of America.