Facts

Tenants of an 8-unit apartment building complained to one of the building owners that the main garage door was opening and closing on its own and that it was stuck open for days at a time. The owner, Tod Schlesinger dba A-1 Property Management and Investment, was responsible for maintaining the apartment building. The tenants, however, did not receive any response from Schlesinger. The tenants' apartments were later broken into and burglarized, resulting in personal property loss.

The tenants then wrote to Harry Hensen, another building owner, requesting to be placed in touch with the insurance carrier to enable them to make a claim. Instead, the owners offered the tenants a $150 reduction in one month's rent. The tenants then claimed that what followed was a campaign of harassment against them wherein two of their cars had windows smashed while parked in the garage, while other cars remained untouched. The tenants also claimed that they were threatened by Schlesinger many times, causing a tenant and her four-year-old son to vacate the premises.

Tenants Jazmine Berrera, Marta Flores, and Mauricio Ramirez sued Jensen, Schlesinger, and A-1 Property Management for negligent maintenance of the property, creating a dangerous condition. They also alleged claims for breach of contract, warranty of habitability, and covenant of quiet enjoyment. Moreover, Plaintiffs alleged that Defendants' actions constituted violations of San Francisco's ordinances.

Defendants filed a cross-complaint against Barrera for unilaterally deducting rent because she was not using her assigned parking space, and against Ramirez, who assumed the space without contractual authorization or payment.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the burglars gained entrance to their units from the garage. Plaintiffs further contended that the garage and rear areas were common areas that Defendants controlled.

DEFENDANTS' CONTENTIONS:
Defendants contended that they were not responsible for unforeseen third-party criminal conduct and that they received only one complaint about the garage door, which resulted in a prompt repair call. Defendants further contended that burglars' alleged entry through the garage door was mere speculation.

Injuries

Barrera claimed she lost expensive jewelry. Flores claimed a lost laptop, purse, and cash. Ramirez claimed a laptop and other personal items were stolen. Plaintiffs sought recovery of damages for their lost property and non-economic damages for mental suffering. In addition, Flores, who was prompted to vacate the premises, sought damages for the loss of her rent-controlled apartment, which resulted in rent differential and moving costs. Defendants denied any liability, and instead sought recovery of $15 per month from Barrera since the day she started deducting rent.

Result

The jury ruled in favor of the tenants for their causes of action for negligent maintenance of property. The tenants were awarded $22,150 in total damages. The jury rendered defense verdicts as to all other causes of action. With regard to the cross-complaint, Defendants were awarded $218 against Barrera for breach of contract. Defendants were also awarded a declaratory judgment against Ramirez, declaring that he had no contractual right to parking.

Other Information

Plaintiffs' motion for a new trial was denied by the Court. Plaintiff's motion for attorney's fees was denied on grounds that the Court found Defendants to be the prevailing party. A hearing on Defendants' motion for attorney's fees and costs is set for Nov. 19. Plaintiffs have filed an appeal.

Deliberation

1.5 days

Length

13 days