The Estate of James Correnty, by and Through his Personal Representative and Successor in Interest Sandra Johnson, Sandra Johnson, Janie Fairchild and Carolyn Bamert v. Paula Hazzard / YC025232.
Published: Jul. 25, 1998 | Result Date: Apr. 9, 1998 | Filing Date: Jan. 1, 1900 |Case number: YC025232 Verdict – $0
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Angelyn Gates
(Law Office of Angelyn Gates)
Defendant
Experts
Plaintiff
Stuart Friedman
(medical)
George Y. Blair
(medical)
Saeid Nosrati
(medical)
Defendant
Diane B. Weissburg
(Weissburg Law Firm)
(medical)
Martin S. Goldfarb
(medical)
Facts
Plaintiff Sandra Johnson, a 46-year-old woman and her significant other, decedent James Correnty, obtained a certification for rental assistance (HUD-Section 8) administered by the Housing Authority of Los Angeles. The basis for the assistance was that their previous apartment on Thayer Avenue in West Los Angeles was damaged in the 1994 earthquake. At about the same time, the defendants, Steven and Paula Hazzard, completed renovation of the ground floor unit of their Playa del Rey triplex where they occupied one of the two upper units. The Section 8 assistance was for $621 per month where Johnson and Correnty were (initially) obligated to pay $181 per month on any rental which was later reduced to $134 per month. The apartment was worth substantially more than $621 and, for that reason, Correnty suggested to the Hazzards that there be a separate written agreement for rental of a parking space at $250 per month, which was done. The tenancy commenced during the spring of 1994. During the late winter or early spring of 1995, Johnson and Correnty stopped paying for the parking space based upon a claim that they had been informed by Section 8 that this rental charge was illegal (during trial and as a matter of law, Judge Mallano ruled that plaintiffs did not meet their burden, and he instructed the jury that they were not to decide any issue as to whether or not the parking rental agreement was legal). Johnson and Correnty asserted that when they stopped paying for the parking space, the Hazzards embarked upon a course of harassment which continued into 1997 when Sandra Johnson eventually vacated pursuant to an agreement reached in what was a second unlawful detainer and eviction action the Hazzards filed. Correnty had a number of long-standing medical problems; his major problems were active hepatitis B and C, emphysema, obesity and renal disease. He died in his mid-50s at Cedar Sinai Hospital on March 18, 1997. The wrongful death action was advanced by an assertion that the harassment caused Correnty a lot of stress which, in turn, caused him to become non-compliant with medical advice. The non-compliance led to end-stage renal disease (that stage of renal disease when one needs dialysis) which eventually led to his death. The Estate had approximately $160,000 in claimed medical bills. The plaintiffs, Sandra Johnson and the Estate of James Correnty along with Correnty's surviving sisters, Carolyn Bamert and Janie Fairchild, brought this action against the defendants based on intentional infliction of emotional distress, battery, and breach of the covenant of quiet enjoyment theories of recovery.
Settlement Discussions
Plaintiff Sandra Johnson made a settlement demand for $100,000. Per defendant, they made a combined offer of $15,000. Per defendant, there were no demands from the surviving sisters. Per plaintiff, defendant offered $5,000.
Injuries
Death of a brother; emotional distress.
Other Information
At the close of the plaintiffs' case, defendants moved for a nonsuit. The motion was granted on all causes of action (13) as to defendant Steven Hazzard. As to defendant Paula Hazzard, the motion was granted on all causes of action with the exception of intentional infliction of emotional distress, battery, breach of the covenant of quiet enjoyment, wrongful death and interruption of electrical/phone services with the intent to terminate the tenancy. The defendants were successful in keeping all bills out of evidence with the exception of Dr. George Blair's which approximated $7,500 for Correnty and $14,000 to $15,000 for Johnson. The defendants asserted that Correnty probably died from a blood clot in his heart or lungs (Dr. Martin Goldfarb's theory) which the jury probably accepted, per defendant.
Deliberation
two days
Poll
varied
Length
11 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390