Sophon Heng v. University of the Pacific, John Stewart Company
Published: Jul. 23, 2005 | Result Date: Mar. 28, 2005 | Filing Date: Jan. 1, 1900 |Case number: 03419279 Verdict – $64,200
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
James F. Waite
(Law Offices of Christian B. Green)
Facts
Sophon Heng, a 30-year-old dental school student at the University of the Pacific, was residing in a rental unit at the San Francisco Presidio that the UOP had leased from the Presidio Trust, through the John Stewart Co., the Trust's agent. The school gave Heng what it described as a "seven-day notice to quit." On April 12, 2002, it removed all of Heng's possessions from the unit and changed its locks. Heng was homeless for approximately 18 days.
Settlement Discussions
Heng demanded $500,000. The University of the Pacific offered $51,000.
Damages
Heng lived on the streets of San Francisco for about two-and-a-half weeks, before taking a bus to Phoenix, Ariz., where he lived in a car for another 30 days until he was able to obtain his first dentistry position and move into a rental unit. He claimed that he suffered emotional problems as a result. He also claimed that the UOP negligently disposed of his personal property, including photographs and letters, as well as the personal effects of his deceased mother.
Result
The jury found liability against the UOP, but not against the John Stewart Co. It also found the UOP to have acted with malice. Judge Julie Tang found California eviction law to apply after extensive briefing and arguments over the course of several weeks.
Other Information
Just before the scheduled hearing on the punitive damages portion of the trial, the case settled globally for $148,000, including forgiveness of $38,000 in student loans. John Stewart Co. agreed not to seek costs. The court vacated the verdict upon the settlement.
Deliberation
1.5 days
Length
six days
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