Confidential
Settlement – $25,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Facts
During the 1998 el nino rain season, the roof in the apartment leaked allowing water intrusion into the living room of the plaintiff's unit. In addition, there was a termite infestation and a rodent infestation in the building. Following the demand for repairs and complaints to the various governmental agencies, the defendant increased the montly rent for plaintiff by $50 per month and demanded an additional security deposit. The plaintiffs brought this action against the defendant based on breach of implied warranty of habitability, negligence, and retaliatory rent increase (Civil Code º1942.5). FACTS ACCORDING TO THE DEFENDANT: The plaintiffs moved into their unit in early 1997. During the term of their tenancy, the plaintiffs caused a substantial number of damages to their apartment requiring either the owner of the property or hired contractors to make repairs. In 1998, during the El Nino rains, a small leak to a portion of the ceiling of the plaintiffs' living room. The roof was repaired within a week of this notification. After months of performing repairs to the plaintiffs' unit as a result of their rough use of the property, and having to make numerous demands each month for the plaintiff to pay their rent, the defendant raised the plaintiff's rent by $50 per month. Additionally, the plaintiffs brought three large cats to live in the apartment without prior approval of the owner. The plaintiffs were asked to pay a pet deposit. The same day that plaintiffs were served with their rent increase and pet deposit request by the defendant, the plaintiffs made a large claim for alleged damages to personal property due to the water intrusion. The defendant refused to pay for the damages as the plaintiffs would not show him the damaged items. The plaintiffs then contacted several government agencies claiming infestation of their apartment by rodents and termites. Three government agencies found no infestation. The plaintiffs then filed this action against the defendant for breach of implied warranty of habitability, negligence and retaliatory rent increase.
Settlement Discussions
Prior to suit being filed, the plaintiffs demanded payment for the property damage, attorney fees, rescission of the rent increase and pet deposit and other conditions. $2,065 plus $1,000 attorney's fees and a rescission of the rent increase. The plaintiff made a settlement demand of $6,000 inclusive of attorney's fees. In May 1999, the defendants offered $6,000 if the plaintiffs agreed to move out of their unit. In June 1999, the plaintiffs agreed to move out of their unit in 30 days. On July 7, 1999, the entirely of the case was settled for $25,000.
Damages
According to the defendant, the plaintiffs' claimed $2,065 in personal property damage although the property was allegedly disposed of by the plaintiffs' prior to defense counsel having an opportunity for inspection.
Injuries
The plaintiff suffered emotional distress, annoyance and inconvenience. According to the defendant, the plaintiff's provided no proof of such injuries.
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