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Real Property
Landlord and Tenant
Habitability

Berta Arias, et al. v. Daniel Heffernan, et al.

Published: Mar. 24, 2012 | Result Date: Dec. 5, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CGC10501330 Settlement –  $225,000

Court

San Francisco Superior


Attorneys

Plaintiff

Christian Fierro

Eric L. Lifschitz
(Lifschitz Law)


Defendant

Lane E. Webb
(Lynberg & Watkins PC)

Michon M. Spinelli


Facts

The 12 plaintiffs were members of two families who resided in rental apartments owned by Joseph Burrato, later purchased by 515 E Street, LLC.

Within a year of the purchase, the units were condemned by the City of Santa Rosa due to water and mold. The families were given 48 hours to abandon the property.

The families sued Heffernan for overpayment of rent, constructive eviction, personal injuries, emotional distress, reckless disregard for the health and safety. Heffernan filed a cross claim against Burrato for non-disclosure.

Result

The parties agreed to settle the matter in the amount of $225,000, which was divided accordingly between Burrato and Heffernan.


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