Facts

The plaintiffs, the Cardenas and de la Cruz families, were evicted from defendant Seven Palms Apartments in Sylmar in November 2002. Plaintiff Fair Housing Council joined their subsequent lawsuit, alleging the eviction and rules posted at the apartments violated its mission.

On April 5, 2006, plaintiffs' motion for summary adjudication was granted. In his ruling, the Honorable Morris Jones found that the written rules were facially discriminatory as a matter of law and were not supported by a reasonable nondiscriminatory reason. The issue at trial was whether the rules were ever enforced.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendants posted discriminatory rules at Seven Palms Apartments prohibiting the playing of children, yelled and grabbed at children, and evicted the plaintiffs in retaliation for their complaints about the rules. They alleged violation of the Fair Housing Act, FEHA, and Unruh Civil Rights act, battery, breach of the covenant of quiet enjoyment and other causes of action.

DEFENDANT'S CONTENTIONS:
The defendants contended that the rules at Seven Palms were not discriminatory, that they were never enforced against anyone, and that defendant managers never yelled at or grabbed at tenants' children. The defendants contended that the plaintiffs were evicted for abusing the managers and exceeding the occupancy limit, not for complaining about the rules. Before the lawsuit, the FHC never went to the apartment building to interview any tenants to see if the rules were ever enforced.

Damages

At trial, the plaintiffs sought a combined total of $321,000 for emotional distress, out of pocket expenses, and frustration of the FHC's mission.

Result

The court awarded plaintiff Gladis Cardenas $18,250 for breach of the covenant of quiet enjoyment (including $10,000 for emotional distress) against two of the seven defendants. These two defendants were ordered to pay Cardenas' costs. The court found against Cardenas as to the other five defendants and ordered her to pay their costs. Defense award as to the remaining plaintiffs' claims. After a post-trial motion, the court determined that defendants were the prevailing party in the litigation and awarded them $46,545 in attorney's fees and costs pursuant to the attorney's fees provision of the rental contract. As a result all plaintiffs, including Cardenas, had a net judgment against them.

Other Information

Plaintiffs have filed a notice of appeal.