Case details
Tenants did not complain until rent was increased: defense
SUMMARY
$11372.4
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress
FACTS
In June 2011, plaintiffs Hui Jie Chen and De Hua Li and their minor children, plaintiffs Zhen Wen Li and Robert Zijian Li, became tenants in an unpermitted/illegal rental unit. They continued to occupy the unit until April 2015. However, they claimed the unit was uninhabitable. Hui Jie Chen and De Hua Li and their children, Zhen and Robert, sued the owners of the rental unit, an elderly husband, Musen Xie; his wife, Ergu Cheng; their adult sons, Hui Hong Xie and Shaun Xie; and a daughter-in-law, Gui Mei Huang. The Chen/Li family brought nine causes of action, including fraud, violation of Business & Professions Code § 17200, breach of warranty, and violations of the San Francisco Rent Ordinance. The minor plaintiffs and elder defendants were dismissed from the case, and the matter continued to verdict on the four causes of action, including tenant harassment under 37.10B and constructive eviction under 37.9 F (both under the San Francisco Rent Ordinance), common law habitability, and quiet enjoyment. Hui Jie Chen and De Hua Li claimed that Ergu Cheng cursed at them and harassed them. They also claimed that the rental unit lacked heat, light and ventilation. However, they acknowledged that they were aware of the lack of heat, light and ventilation when they initially rented the unit. Defense counsel noted that the plaintiffs made no complaints concerning habitability until the defendants attempted to increase the rent in July 2014. Counsel contended that, thereafter, Hui Jie Chen and De Hua Li complained about the lack of heat, ventilation issues, mold, and reduced services due to a lack of internet, washing machine and backyard access. Counsel also contended that the plaintiffs were always aware of the illegal status of the unit, but rented it anyway because it was 50 percent below market. Thus, defense counsel maintained that the lawsuit was a set up orchestrated by plaintiffs’ counsel., Plaintiffs’ counsel asked the jury to award Hui Jie Chen and De Hua Li $14,400 in rent rebate due to the alleged habitability violations, $92,000 in rent differential damages at present value based on an assumed 10 year tenancy, $10,000 for De Hua Li’s emotional distress, and $15,000 for Hui Jie Chen’s emotional distress. De Hua Li testified that his wife got grey hair as a result of her emotional distress and her brother testified that she wasn’t as happy as she used to be. However, neither De Hua Li nor Hui Jie Chen sought counseling or medical treatment for their alleged emotional distress.
COURT
Superior Court of San Francisco County, San Francisco, CA
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