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CONFIDENTIAL

Jul. 1, 2000

Real Property
Unfair Business Practices
Habitability

Confidential

Settlement –  $185,000

Judge

Rex Sater

Court

Sonoma Superior


Attorneys

Plaintiff

David Grabill

Richard Saxon


Defendant

John A. Koeppel


Facts

The lawsuit involved 20 tenants and former tenants of the defendant apartment owner who suffered emotional distress damages as a result of the landlord's failure to adequately maintain and repair the apartment complex. The tenants alleged the complex had numerous housing code violations, including defective plumbing, pest infestations, leaking roof, fire hazards and unlawful retaliation. The defendant owner was cited for various housing and fire code violations by city building inspectors in July 1998. The owner made repairs after the citations. He also began the eviction process against approximately six tenants who started a rent strike and owed six to nine months rent each. The plaintiffs brought this action against the defendant based on breach of warranty of habitability, breach of covenant of quiet enjoyment, nuisance, negligence, unfair business practices, retaliation and housing discrimination. The plaintiffs requested both injunctive relief and damages. In late December 1999, the court granted plaintiffs' Motion to Allow Discovery of Financial Condition for purposes of seeking punitive damages.


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