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Landlord/Tenant
Residential Lease
Property Damage

Mindy Freile v. Tim Lincecum

Published: May 10, 2014 | Result Date: Feb. 14, 2014 | Filing Date: Jan. 1, 1900 |

Case number: CGC-11-514877 Bench Decision –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Jonathan A. Bornstein


Defendant

Peter Bransten


Facts

Mindy Freile sued Tim Lincecum, based on a dispute over a rental property.

Contentions

PLAINTIFF'S CONTENTIONS:
Lincecum rented a residential unit from Freile, and agreed to pay rent and to leave the premises in clean condition. However, Lincecum failed to surrender the premises in a timely manner, failed to pay monthly rent in a timely manner, and failed to leave it in good condition.

Freile asserted causes of action for breach of contract, negligent infliction of emotional distress, negligence, negligent misrepresentation, trespass, and conversion.

DEFENDANT'S CONTENTIONS:
Lincecum denied the allegations and asserted various affirmative defenses. In a cross-complaint against Freile, Lincecum alleged that Freile wrongfully withheld his security deposit without complying with applicable California Law.

Damages

Freile requested $350,000 in damages.

Result

While a motion for summary judgment filed by Lincecum was pending, the parties stipulated to the entry of a judgment in favor of Lincecum and awarded him $100,000.


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