Case details

Complex owner failed to maintain pest control: plaintiffs

SUMMARY

$104400

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, nightmares
FACTS
In June 2012, plaintiff Margarita Fuentes, an unemployed 31 year old, and her four children — plaintiffs Daisy Del Toro, 6 months; Juan-Carlos Tellez, 6; Maria Tellez, 7; and Martin Tellez, 11 — suffered several bug bites and ultimately discovered bed bugs in their apartment unit. Fuentes and her four minor children moved into a low-income housing apartment complex, Foothill Vista Apartments, located at 600 Morning Drive, in Bakersfield, in April 2012. One night, two months later, Fuentes saw bugs crawling on her children and looked them up online. She determined that they were bed bugs and immediately notified management. A pest control operator later found that Fuentes’ unit was positive for bed bugs and recommended treatment. However, Fuentes claimed that the property manager waited nearly two weeks before having the pest control operator sent to perform the inspection of her unit and that once the presence of beg bugs was verified, the manager stated, “If you don’t pay, we won’t spray.” Thus, she claimed that the manager claimed that it would be her responsibility to pay to have pests eradicated. As a result, Fuentes and her children sustained . Fuentes, acting individually and on behalf of her four minor children, sued the owner and manager of the complex, Pioneer Street Associates. She alleged that the actions of the complex owner constituted a breach of warranty of habitability, a breach of contract, negligence, negligence per se, a nuisance, and negligent infliction of emotional distress. Plaintiffs’ counsel argued that Pioneer Street Associates rendered the unit uninhabitable by not maintaining pest control. Fuentes claimed that she asked Pioneer Street Associates for help, but it told her she would have to pay $150 per room to get the house treated and that the company only sprayed for the bugs in August 2012, after plaintiffs’ counsel sent a letter to management. However, Fuentes claimed that she believed it was sprayed only one time, as it needs to be done multiple times in order to be effective, and that in the months following the single treatment, she and her children continued to get bitten. She further claimed that she and her children were forced to live with the pests until they eventually moved in September 2012. The plaintiffs’ entomology expert testified that it is difficult to determine the source of bed bugs and opined that the subject treatment was inadequate. The plaintiffs’ property management expert testified that a landlord is responsible for treating its units, regardless of the cause of the bed bugs. Defense counsel argued that Fuentes and her family were dirty and introduced the bed bugs to the property. In response, plaintiff’s counsel argued that it was documented that Fuentes’ neighbor, with whom she shared a wall, had previously reported a bed bug infestation., Fuentes was a single mother to her four minor children. They all sustained hundreds of bed-bug bites over their entire bodies and are left with scarring in the form of tiny faded dots, as they were bitten multiple times, nightly. The family ultimately moved to a relative’s home, but had to discard most of their belongings, including clothing, which were infested with bed bugs. Thus, Fuentes and her children claimed physical in the form of the bug bites and residual scarring, and emotional distress as a result of the incidents. Fuentes claimed that, to this day, her children suffer from nightmares and still sleep with the lights on.
COURT
Superior Court of Kern County, Kern, CA

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