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Torts
Landlord and Tenant
Habitability

Almazo v. Doe Landlord

Published: Aug. 19, 2006 | Result Date: Jun. 6, 2006 | Filing Date: Jan. 1, 1900 |

Case number: Confidential Settlement –  $1,675,000

Court

L.A. Superior


Attorneys

Plaintiff

Eric E. Castelblanco

Reilly Atkinson


Defendant

Kenneth M. Jones


Facts

The plaintiffs, 60 adults and 30 minor children, were tenants in low-income apartment building on Florence Avenue in Los Angeles. They alleged that from 2000 through 2004, the defendants and its management company allowed the building to fall into disrepair resulting in sewage spills, destroyed and dirty sheetrock, mold and mildew, cockroaches and vermin, common area problems and a multitude of maintenance issues. The Los Housing Department cited the property annually but the landlord failed to abate due primarily to shoddy repair work. The Housing Department consequently issued a "Substandard Order" in 2003.

Contentions

PLAINTIFFS' CONTENTIONS:
The tenants alleged rodent and insect bites, allergies, rashes and other physical symptoms as well as emotional distress arising from the conditions and harassment by management. The tenants sought damages for physical injury, emotional distress, and restitution of rent, property damage and statutory penalties pursuant to C.C.P. Section 1941.1.

DEFENDANT'S CONTENTIONS:
The defendants claimed that the tenants exaggerated the extent and duration of the conditions, failed to make complaints about the conditions, caused the material health and safety conditions with their poor housekeeping and messy eating habits and that their alleged physical symptoms were not supported by medical records.

Result

The case settled for $1.675 million after three mediations with the Hon. Harvey Schneider.


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