Facts

Plaintiff Sharon Andrews entered into a rental agreement on May 25, 2006 with the defendant PV 1-13 LLC for the rental of the apartment located at 936 Olive Avenue, No. 1, Long Beach, Calif. Defendant Vogt & Associates managed the property. During Andrews' tenancy, the title to the property was transferred to defendant Keely Partners LP. Thereafter, defendant Gloria Brinkworth owned the property for a short period. Ultimately, Brinkworth lost the property in foreclosure.

On Oct. 24, 2007, during Andrews' tenancy, the defendant hired a mold inspector who completed testing inside the unit. The defendant told Andrews that the inspector found the unit to be safe.

Andrews filed suit for breach of warranty of habitability, breach of covenant of quiet enjoyment, nuisance, intentional and negligent infliction of emotional distress, and Civil Code Section 1942.4.

PLAINTIFF'S CONTENTIONS:
Andrews contended that soon after she moved into the apartment, the unit deteriorated. Andrews contended that she complained both in writing and orally to the defendants about an infestation of rats, leaks in the ceiling, odors, and mold. According to Andrews, after defendants tested unit for mold, they taped up the door to the closet that was the source of the odor. In Jamuary 2008, Andrews contended, the ceiling in the kitchen caved in exposing the beans which were covered in mold. For over two months, she claimed, the ceiling remained caved in with no repairs. Andrews further contended that, in March 2008, she hired Environmental Testing and Technologies to test the unit for mold. ET&T detected abundunt mold growth in the kitchen and extremely elevated levels of mold in the closet. The report, she asserted, was provided to defendants, yet no repairs were undertaken to correct the mold in the apartment. Andrews claimed that the defendants ignored all complaints and continued to collect rent without abating the problems. Due to the conditions in the unit, Andrews' health deteriorated to the point where she could no longer work and resulted in her moving out of the apartment.

DEFENDANT'S CONTENTIONS:
The defense stated that there was never any mold or odor inside of the apartment. If there were any defects, they did not adversely affect the unit's habitability. Andrews continued to live there, notwithstanding the claimed condition of the apartment, and she received $7,650 in free rent during an 11-month period. The defense also disputed Rogers claimed that its property was the cause of her illness. The defense contended that Andrews had a medical history of respiratory illness predating her moving into the defendant's apartment building which was caused by her heavy cigar smoking habit.

Damages

According to plaintiffs' counsel, Andrews claimed general damages of $250,000. According to defense counsel, Andrews claimed general damages in excess of $450,000.

Injuries

Andrews claims respiratory illness, emotional distress, damage to her personal property and out of pocket expenses.

Result

The parties reached a settlement.

Other Information

FILING DATE: May 12, 2008.