Tenants suffer bed bug infestation in apartment. $1.6 million. Los Angeles County.

Summary

Tenants say the landlord's response to bed bug complaints was inadequate.

The Case

  • Case Name: Lilliana Martinez et al. v. Amusement Six Apartments LLC
  • Court and Case Number: Los Angeles Superior Court / BC550509
  • Date of Verdict or Judgment: Monday, April 02, 2018
  • Date Action was Filed: Thursday, July 03, 2014
  • Type of Case: Breach of Warranty, Landlord-Tenant Issues
  • Judge or Arbitrator(s): Hon. Richard J. Burdge, Jr.
  • Plaintiffs:
    Lilliana Martinez
    Jorge Maravilla
    Jorge Maravilla, Jr.
    Juanita Maravilla
  • Defendants:
    Amusement Six Apartments LLC
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $1,575,750
  • Economic Damages:

    $128,500

The Attorneys

  • Attorney for the Plaintiff:

    MYBEDBUGLAWYER, INC. by Brian J. Virag, Encino.

  • Attorney for the Defendant:

    Westland Real Estate Group by John W. Hofsaess, Long Beach.

The Experts

  • Plaintiff’s Medical Expert(s):

    Raphael Darvish, M.D., dermatology, Los Angeles.

  • Defendant's Medical Expert(s):

    Boris Zaks, M.D., dermatology, Beverly Hills.

  • Plaintiff's Technical Expert(s):

    Richard Kaae, entomology, Huntington Beach.

Facts and Background

  • Facts and Background:

    On or about September 2010 plaintiffs and defendants entered into a standard Residential Rental Agreement for an apartment located in Inglewood. Beginning in July  2012, plaintiffs experienced rashes and then realized they had a bed bug infestation. They immediately complained to management and agents of defendants.The youngest plaintiff was just months old when this was occurring. 

  • Plaintiff's Contentions:

    Despite plaintiffs' persistent complaints about the infestations, defendants responded ineffectively and the problems continued. The bed bugs were in the plaintiffs' beds, furniture, and clothing. That the problem was continuous between July and October 2012. Plaintiffs suffered from numerous bites/rashes, which caused pain, discomfort, annoyance, sleeplessness, inconvenience, humiliation, anxiety, scarring and severe emotional distress.

    That defendants were responsible for eradicating the bed bug infestation that caused injury to plaintiffs.

  • Defendant's Contentions:

    That defendant's response to the situation was adequate. Defense argued that taking nine days for their initial response to the bed bug complaint was reasonable.  They also argued that plaintiffs did not give them notice about the subsequent bed bug complaints.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Plaintiffs suffered from numerous bites/rashes, which caused pain, discomfort, annoyance, sleeplessness, inconvenience, humiliation, anxiety, scarring and severe emotional distress.

Demands and Offers

  • Defendant Final Offer before Trial: $22,000