This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Landlord and Tenant
Breach of Warranty of Habitability, Unlawful Detainer

Elizabeth Quintero v. Paul Melero, Luisa Melero

Published: Nov. 14, 2009 | Result Date: Jun. 11, 2009 | Filing Date: Jan. 1, 1900 |

Case number: BC390572 Settlement –  $50,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Alfred O. Anyia
(Law Offices of Alfred O. Anyia)

Paulinus E. Eichie
(Law Office of Paulinus E. Eichie)


Defendant

John P. Fuchs


Facts

In March 2006, plaintiff Elizabeth Quintero and her five minor children moved into a property on North Kurtz Avenue in Los Angeles owned by defendants Paul and Luisa Melero. In 2007, plaintiffs complained to the Department of Housing about faulty plumbing and alleged mold growth. Defendants served plaintiff Quintero with a three-day notice to pay rent or vacate the premises, which led to an unlawful detainer action.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiff claimed the defendant did not maintain the apartment, leading to mold growth which affected the children's health. The demands to remedy the problem were unanswered. The eviction action was a retaliatory measure against plaintiffs.

DEFENDANTS' CONTENTIONS:
The defendants claimed they made every effort to keep the property in good repair, but the plaintiffs refused to allow them into their apartment to make the repairs. The defense claimed plaintiffs were not injured to the extent they claimed.

Injuries

The plaintiffs claimed mold-related injuries and emotional distress.

Result

Four of the minor plaintiffs settled for $6,000, $1,500 per child. The plaintiff and the fifth minor plaintiff settled for $44,000.

Other Information

FILING DATE: May 9, 2008.


#87845

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390