On Dec. 1, 2009, plaintiffs Sara Dubord, 35, and Caron Bouma, 30, both psychiatric nurses, experienced a fire at a unit they had rented in Valley Center. The unit was part of a two-home property, which was owned by Richard and Dawn Deluca. Dubord claimed the fire caused a burn to her arm, as well as emotional distress. Dubord and Bouma sued the Delucas. They alleged that the defendants’ actions constituted negligence, gross negligence, and a breach of implied warranty of habitability. Prior to trial, Bouma reached a settlement with the Delucas. Thus, the matter proceeded to trial on Dubord’s claims against the Delucas only. Dubord claimed that the Delucas had failed to install a working smoke detector. Her counsel sought to introduce evidence that the property, which was built in 1930, was illegally converted from a garage into a home, lacked fire sprinklers, was not equipped with a properly working heater, and had never been permitted by the proper authorities as a living unit. However, the court excluded and did not allow plaintiff’s counsel to present this evidence. In addition, Dubord’s fire and safety expert was barred from testifying, as his purported testimony was not considered expert testimony. Prior to trial, Dubord moved to exclude evidence that, at the time of the incident, she was in a relationship with her then female partner, Bouma. The Court denied the plaintiff’s motion and allowed the defendants to present evidence to the jury that Dubord and Bouma were gay and in a relationship, including sleeping in the same bed the evening of the fire. The court also allowed the evidence because Dubord initially claimed during her deposition that the fire caused her emotional distress, resulting in her breakup with Bouma. The defense’s fire expert testified that the fire was caused by Dubord’s use of cigarettes and candles the evening before she went to bed. However, Dubord’s counsel argued that the defense’s fire expert had no opinion or speculation of the cause fire at deposition, but defense counsel countered that their fire expert did opine that the damage observed was consistent with the fire being started by a cigarette or candle in the living room. The Valley Center Fire Department that inspected the scene noted that the cause of fire was undetermined in its report, but that the area of origin was in the living room. During the discovery of the case, the Delucas admitted under oath that the renters of the second unit on the two-home property, Cedric Crespo and his wife, Helena Wallanger, did not bear any fault in this incident. However, at trial, over objection of Dubord’s counsel, and despite the defendants’ previous discovery responses, the Delucas’ counsel requested, and the court allowed, the names of Crespo and Wallanger to be placed on the verdict form so that they could be considered for an apportionment of fault., Dubord sustained a second-degree burn to approximately two percent of her arm. She was subsequently taken from the scene of the accident by ambulance and brought to an emergency room, where she was treated and released. Dubord claimed severe emotional distress from the fire, with symptoms of nightmares and post-traumatic stress. Thus, she sought recovery of roughly $40,000 in damages for her future psychiatric treatment, as well as damages for her past and future pain and suffering. Defense counsel argued that the Delucas’ conduct was not a substantial factor in causing Dubord’s injury. Counsel further argued that Dubord did not sustain any serious injury or emotional distress from the subject fire. Instead, defense counsel contended that Dubord was suffering from emotional distress due to a breakup with Bouma, and that it was unrelated to the fire.