Confidential
Settlement – $89,850Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Facts
The lawsuit brought by five families arose from dangerous condition at the property culminating from fire in October 1996. The fire attributed to hazardous, faulty and defective electrical wiring. The electricity was disconnected to units pursuant to fire and tenants left without electricity until Jan. 6, 1997. The plaintiffs claimed that the defendant landlords were not responsive to the plaintiff's complaints. The plaintiff sued for tortious breach of warranty of habitability, nuisance, negligence, breach of covenant of quiet enjoyment, constructive eviction, breach of contract, breach of covenant of good faith and fair dealing, intentional infliction of emotional distress, wilfull misconduct, retaliatory eviction, violation of Business and Professions Code section 17200 and injunctive relief. The plaintiffs contended that both the current and previous owner of the property allowed the property to fall into disrepair where conditions fell below the acceptable level of habitability. The plaintiff complained, but no repairs were made.
Damages
The bulk of damages were comprised of rent over payment, statutory damages and property damages.
Injuries
The plaintiff suffered emotional distress and medical damages due to residual fumes from fires, exposure to elements due to heat and lack of electricity.
Other Information
The case was settled through a mediation before Charles Farnsworth.
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