Rental home infested with mold and cockroaches affects health of plaintiffs. $2M. Los Angeles County.

Summary

Family lives in rental home for a year with the mold and cockroach issues.

The Case

  • Case Name: Houang et al. v. Sterling et al.
  • Court and Case Number: Los Angeles County Superior Court / 22STCV32478
  • Date of Verdict or Judgment: Friday, December 20, 2024
  • Date Action was Filed: Tuesday, October 04, 2022
  • Type of Case: Breach of Warranty, Environmental, Landlord-Tenant Issues, Negligence, Nuisance, Private, Premises Liability, Toxins
  • Judge or Arbitrator(s): Hon. Theresa M. Traber
  • Plaintiffs:
    Ken Houang, an individual; and Shelley Houang, individually and as Guardian Ad Litem for Minor.
  • Defendants:
    Rochelle H. Sterling, individually and trustee of the Sterling Family Trust; Beverly Hills Properties, LLC
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $2,068,200
  • Net Verdict or Award: $1,861,380
  • Contributory/Comparative Negligence: 10% to plaintiffs
  • Economic Damages:

    Lost wages: $43,200 

    Diminution of rental value: $25,000

  • Non-Economic Damages:

    Physical pain and suffering and emotional distress $2,000,000

  • Trial or Arbitration Time: 10 court days
  • Jury Deliberation Time: 1 day

The Attorneys

  • Attorney for the Plaintiff:

    Law Offices of Gerald S. Ohn, APC by Gerald S. Ohn, Los Angeles.

  • Attorney for the Defendant:

    Klinedinst PC by Greg A. Garbacz and Taylor A. Wall, Irvine.

The Experts

  • Plaintiff's Medical Expert(s):

    James Dahlgren, M.D., toxicology and internal medicine.

  • Defendant's Medical Expert(s):

    Ron Simon, M.D., allergies and immunology.

  • Plaintiff's Technical Expert(s):

    Stephen Donell, property management.

    Mike Cosley, mold.

  • Defendant's Technical Expert(s):

    Allan Snyder, property management.

    Roy Dunn, mold.

Facts and Background

  • Facts and Background:

    Plaintiffs rented a home on Barrington Ave. in Los Angeles from defendants pursuant to a lease agreement. Plaintiffs lived in the rental unit for approximately one year.

  • Plaintiff's Contentions:

    That plaintiffs suffered injuries and other damages as a result of habitability defects, including mold and cockroach infestations at the subject property.

  • Defendant's Contentions:

    Defendants disputed plaintiff’s claims as to habitability and the nature and extent of their injuries and damages.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Severe rashes and exacerbation of pre-existing skin conditions from mold. Emotional distress from living in uninhabitable conditions, including mold and cockroach infestations.

  • Lost wages and diminution of rental value.

Special Damages

  • Special Damages Claimed - Past Medical: 0
  • Special Damages Claimed - Future Medical: 0
  • Special Damages Claimed - Past Lost Earnings: $43,200
  • Special Damages Claimed - Future Lost Earnings: 0

Demands and Offers

  • Plaintiff §998 Demand: $1,000,000
  • Defendant §998 Offer: $91,000