Case details
Tenant claimed landlords entered room without notice
SUMMARY
$21865
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
anxiety, emotional distress, mental, psychological
FACTS
In March 2012, plaintiff Julia Sevier, 39, an expectant mother, rented a room in a single family house, which was owned by Mohamed and Samir Ghannoum, in Pasadena. Sevier claimed that the Ghannoums entered her room without notice several times between March 2012 and July 2012. As a result, she obtained temporary restraining orders against Mohamed and Samir Ghannoum on July 27, 2012. There was a three-day trial on the permanent restraining order in October 2012. During that trial, the Ghannoums admitted that they had each entered the property without giving written notice between 20 and 30 times between March 2012 and July 2012. Thus, on Oct. 31, 2012, the court ruled that Sevier had demonstrated by clear and convincing evidence that Mohamed Ghannoum and Samir Ghannoum had engaged in a pattern of illegal harassment against Sevier. Based on that ruling, Sevier sued Mohamed Ghannoum and Samir Ghannoum, alleging harassment and breach of the covenant of quiet enjoyment. Sevier claimed that she obtained the restraining order because the Ghannoums had a habit of entering the rented premises without first giving written notice, as required by the rental agreement and the California Civil Code. Thus, Sevier claimed that the Ghannoums breached and committed numerous violations of landlord-tenant laws. The Ghannoums contended that they retained a possessory interest in the subject property and that they either had permission to enter the property or had sent text messages, which they claimed constituted the required notice., Sevier sought recovery of damages for the Ghannoums’ alleged breach of the covenant of quiet enjoyment under Civil Code § 1927. She also sought recovery of statutory damages under Civil Code § 1940.2 for the Ghannoums’ alleged negligence and trespass. In addition, Sevier claimed she suffered emotional distress, including the anxiety of being at home for fear that the Ghannoums’ would come in.
COURT
Superior Court of Los Angeles County, Burbank, CA
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- brain
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- depression
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- face
- facial bone
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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