CASE Coapio v. Owners X and Y

RESULT $1,047,500.00 settlement
DATE 12/01/2005
ATTORNEYS Eric E. Castelblanco, Beverly Hills, CA Reilly Atkinson, Santa Monica, CA

FACTS The plaintiffs, 50 adults and 40 minor children, were tenants in a low-income apartment complex on Western Avenue in Los Angeles. During the relevant time, the property was owned by Owners X and Y. In 2000 and 2001, the Los Angeles Housing Department citied the property for multiple habitability violations including cockroaches and vermin infestation throughout the property. The conditions were allegedly abated by Owner X. Title was transferred in July 2003 to Owner Y. In September 2003, the Housing Department cited the property for multiple violations. Virtually every unit inspected contained the same habitability problems found in 2000 and 2001. Owner Y failed to abate and a Substandard Order was issued.

CONTENTIONS The tenants alleged they suffered rodent and insect bites, allergies, rashes and other physical symptoms as well as emotional distress arising from the conditions. 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. Owner X claimed that the conditions during its ownership were adequate and that the citations, which were timely abated did not affect the health and safety of the tenants. Owner Y claimed that the violations identified on its watch were the result of poor long-term maintenance by Owner X. Both owners also made the standard arguments that the tenants exaggerated the conditions, did not complain about the conditions and their physical injuries lacked healthcare provider corroboration.