Christie Hjelm, Justin Hjelm v. Prometheus Real Estate Group Inc.
Published: May 31, 2014 | Result Date: Apr. 4, 2014 | Filing Date: Jan. 1, 1900 |Case number: CIV516959 Verdict – $71,652
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Richard Kaae
(technical)
Defendant
David Saldivar
(technical)
M. Eric Gershwin
(medical)
Facts
Christie and Justin Hjelm sued Prometheus Real Estate Group, claiming their home was infested by bed bugs.
Contentions
PLAINTIFF'S CONTENTIONS:
In June 2011, the Hjelms moved into a rental townhouse in San Mateo. The following year, discovered that their infant's crib was infested with bed bugs. They soon moved out of the rental property, and sued its owner, Prometheus Real Estate Group, who also managed the property. Plaintiffs claimed that Prometheus became aware of the bed bug problem a year before, when a neighboring townhouse began to complain of bed bugs. However, Prometheus failed to properly take care of the matter, leading to the Hjelms' rental property becoming infested as well.
The Hjelms asserted causes of action for negligence, constructive eviction, breach of warranty, breach of covenant of quiet enjoyment, and negligent infliction of emotional distress.
DEFENDANT'S CONTENTIONS:
Prometheus argued that it had acted in accordance with its policy on bed bugs, and that it had taken reasonable steps in order to address the issue. It further claimed that when the Hjelms' neighbor complained of bed bugs, it immediately addressed the issue and treated it.
Settlement Discussions
The Hjelms demanded $110,000 to settle, pursuant to CCP Section 998. Prometheus offered $65,000, also pursuant to Section 998.
Result
A jury awarded the Hjelms $71,652.
Other Information
Plaintiff has filed a motion for attorney fees.
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