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Torts
Landlord and Tenant
Wrongful Eviction

Khanm Kim Luc v. Donald Chiu

Published: Sep. 9, 2000 | Result Date: Apr. 28, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 999090 Verdict –  $585,000

Judge

Ernest H. Goldsmith

Court

San Francisco Superior


Attorneys

Plaintiff

Steven J. McDonald
(Greenstein & McDonald)

Brent M. Kernan


Defendant

Charles G. Kinney


Facts

The plaintiff tenant, Khanm Kim Luc, is a Vietnamese immigrant and single mother of three. The landlord was
Donald Chiu. The plaintiff had been evicted because of an alleged "ownerÆs relative move-in." The case
involved whether the landlordÆs brother had actually moved into the apartment.
During the course of the brotherÆs alleged occupancy, the apartment building was substantially remodeled and
a new apartment building was constructed in the front part of the lot. The new buildings were later sold to new
buyers.
The plaintiff contended that the eviction was done in bad faith because the brother never moved in and because
during the time the brother was supposed to have lived there, it was substantially remodeled and then sold for
over $1 million.
The defendant held that his brother had lived at the apartment for the required time period.


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