Case details
Landlord harassed them to move out, tenants alleged
SUMMARY
$450000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In September 2015, plaintiff Michael Goldwater and his wife, plaintiff Fumie Goldwater, were sent an email by Robert Heagy, the owner of their lower apartment unit at 2772 Diamond Street, in Glen Park, a single family home in a highly desirable neighborhood. In the email, Heagy stated that he would be selling the subject property and that he needed it vacant because he wanted the house to be "free and clear" for the new owners. Heagy was previously placed on the title for the property in 1986, as his parents bought the property in 1952 and ultimately both passed away. The Goldwaters later signed a written lease and moved into the apartment in 2003. They paid a monthly rent of $1,250 for a one-bedroom apartment with a washer and dryer, which they shared with the upstairs tenants. Prior to Heagy sending out the email in 2015, Heagy had the Goldwaters sign a new lease with a six-month term in January 2015. In August 2015, the upstairs tenants moved out. After the email was received in September 2015, Heagy continued to email the Goldwaters, each time allegedly insisting that the Goldwaters had to move. However, the Goldwaters continued to pay their rent on time by direct deposit into Heagy’s bank account, while Heagy continued to accept their rent. On Oct. 31, 2017, the Goldwaters moved out of their home. Heagy did not return their security deposit or issue the Goldwaters an accounting of their payments. After the Goldwaters left the subject property, Heagy began making repairs to the Diamond Street house, including painting it, and making changes to the electrical and plumbing systems. The Goldwaters’ former apartment was also completely remodeled before the sale of the property with new paint and appliances. On April 30, 2019, the subject property sold for $1.92 million. The Goldwaters sued Heagy, alleging that Heagy wrongfully evicted them. The Goldwaters claimed they were harassed by Heagy in the form of being sent several emails insisting that they move out and that, on at least one occasion, Ms. Goldwater looked up to find Heagy looking in their apartment window. They also claimed that Heagy’s intrusive and harassing campaign of trying to get them to move out continued for two years and that they ultimately decided to move out because of their increasing fear of being thrown out of their home. Heagy admitted in his deposition that he looked into the Goldwaters’ windows at least "one time" to see if the Goldwaters were home. However, he claimed that he believed that at the end of the six-month term, his legal obligation to the Goldwaters would end., The Goldwaters claimed Heagy’s constant demands for them to leave their home left them stressed and exhausted, causing each of them to suffer from emotional distress. Mr. Goldwater described Heagy’s "menacing presence" around the property after September 2015, when Heagy would be in the upstairs apartment stomping around and slamming doors so they Goldwaters would hear him. Mr. Goldwater testified at his deposition that he felt intimidated by the increasingly adversarial relationship between him and Heagy after Heagy wanted them to move out. Specifically, Mr. Goldwater claimed that he would wake up in the middle of the night with his heart pounding, worried that Heagy would "physically force his way into [their] home." Ms. Goldwater testified in her deposition that she felt "strong pressure from the landlord" to move and that she was "shocked" when she saw Heagy peeking in the window of her home. She claimed that when she saw Heagy, she became scared and was afraid to go outside. Ms. Goldwater explained that she afraid because she is only five feet tall and weighed around 88 pounds, while Heagy is more than six feet tall and weighed about 275 to 300 pounds. The Goldwaters claimed that after two years of being told to move out, Heagy’s intrusive and harassing campaign caused them to feel under siege and harassed. They alleged that Heagy’s actions wore them out and caused them to feel that they could no longer live at the subject property with such uncertainty and stress about being thrown out of their home just because Heagy wanted to sell the house as vacant in order to make more money on the sale. The claimed that as a result, they ultimately moved out of their home on Oct. 31, 2017. The Goldwaters sought recovery for the loss of use of their home and wrongful retention of their security deposit. They also sought recovery of general damages, which included damages for their emotional pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury