Linda Simmons v. Julius Sentirmay, Vivian Sentirmay, and Does 1 through 20
Published: Feb. 21, 2015 | Result Date: Oct. 9, 2014 | Filing Date: Jan. 1, 1900 |Case number: BC484814 Verdict – $200,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Frances M. Campbell
(Campbell & Farahani LLP)
Defendant
John J. Doherty
(Doherty & Catlow)
Experts
Plaintiff
Richard J. Devine
(technical)
Defendant
Catherine M. Graves MBA
(technical)
Facts
In June 2003, Linda Simmons was evicted by defendants Julius and Vivian Sentirmay, from her rent stabilized apartment.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that her eviction was fraudulent, because the landlords' son never moved into her unit, and, instead, the defendants remodeled the apartment and raised the rent to market rate. Eight years following the eviction, Plaintiff learned from a former neighbor that the former neighbor had also been evicted so that defendants' daughter could move into his unit, but that the daughter did not move into the neighbor's unit. It was not until she received this information that plaintiff learned that defendants' son had never moved into her apartment. Discovery revealed that a third tenant had also been fraudulently evicted, purportedly so one of defendants' daughters could move into the third tenant's unit.
Plaintiff alleged that defendants had fraudulently evicted her to circumvent the Los Angeles Rent Stabilization Ordinance and re-rent the unit for an increased rent. Plaintiff also alleged that defendants had evicted plaintiff in bad faith because they increased the rent charged to the subsequent rent-paying tenant for a residence from which a former tenant was evicted for a family member.
Plaintiff claimed defendants wrongfully evicted her and violated the ordinance. Finally, plaintiff alleged that the eviction violated state law because defendants' son neither moved into the unit within three months nor maintained residence in the unit for two years after the eviction of plaintiff.
DEFENDANTS' CONTENTIONS:
Defendants contended that they intended on having their son and his wife move into plaintiff's unit, but after a family dispute their son did not move into the unit.
Defendants contended that the court allowance of evidence of subsequent evictions, allowed the jury to find a pattern and practice for events that occurred years later.
Settlement Discussions
Defendant offered to settle the case for $25,000.
Result
The jury found in favor of plaintiff and awarded her $155,000 in compensatory damages and $45,000 in punitive damages.
Other Information
Defendants have filed motions for judgment notwithstanding the verdict and a new trial. Defendants intend to appeal if the post trial motions are not granted. FILING DATE: May 18, 2012.
Deliberation
two days
Length
six days
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