Facts

Nancy Westerfield was a tenant at The Midtown Apartments in Palo Alto. The Midtown Apartments was owned by Liblit Associates LLC and Dokomar Inc. In February 2008, Westerfield was hospitalized for a pneumococcal infection. On March 7, 2008, Midtown issued Westerfield a three-day notice to pay rent or quit. On March 18, 2008, a day after she dropped her March rent payment in the drop box, a Midtown representative informed Westerfield that they could not accept her rent payment and that they had filed an unlawful detainer action against her.

PLAINTIFF'S CONTENTIONS:
Westerfield claimed that she had been a tenant of Midtown's for three years before she was evicted. She alleged that during her hospitalization, which began in February 2008, she became septic, suffered multiple organ failure, and lapsed into a 13-day coma. She claimed that while she was in the coma, her daughter, Kyrie Robinson, informed a Midtown representative that Westerfield's March rent may be late and came to believe that an informal extension had been granted. Westerfield claimed that on March 17, 2008, the day she was released from the hospital, she obtained a money order for the rent due. It was denied the next day. Westerfield alleged that she contacted Project Sentinel, an agency that assists residents with housing issues, who in turn contacted Midtown with a request for reasonable accommodations. She claims the request went unanswered.

Result

The parties settled for $32,000. The court ordered Midtown to allow Westerfield to occupy an apartment for a period of five years for a rent of $500 and to notify all current and prospective tenants of their right to reasonable accommodations. Westerfield was also ordered to refrain from making disparaging remarks about Midtown to current or prospective tenants.

Other Information

FILING DATE: March 18, 2009.