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CONFIDENTIAL

Oct. 9, 1999

Torts
Landlord and Tenant
Habitability

Confidential

Settlement –  $105,000

Judge

Judith Ashmann-Gerst

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert Sainburg


Defendant

Ted R. Crisler


Facts

From 1993 to the present, the 28 Latino plaintiffs, making up eight households, lived at one time or another in one of five apartments owned by the defendant landlord. They alleged that while residing in the apartments, they endured fungus on their walls, moisture in their carpets, and rodents in their homes. They also alleged that the defendant landlord made bigoted statements against Latinos, illegally entered their homes, and committed other unlawful conduct. The plaintiffs withheld rent, prompting the landlord to file an unlawful detainer action. Upon the filing of that action, the plaintiffs, all of whom were first or second generation immigrants from Latin America, brought this action against the defendant landlord for breach of the warranty of habitability, fraud, violation of privacy, violation of the Unruh Civil Rights Act, malicious prosecution and collection of rent for an uninhabitable dwelling.

Settlement Discussions

The plaintiffs made an initial settlement demand for $100,000. The defendant made an initial settlement offer of $29,000.

Damages

The plaintiffs claimed $ ______ in damages.

Injuries

The plaintiff claimed they suffered emotional distress.

Other Information

The settlement was reached one year and three months after the case was filed. A mediation was held on April 28, 1999, before David G. Licht of Licht & Licht. The mediation did not result in an immediate resolution, but did help the parties reach the reported settlement.


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