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
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Plaintiffs: Ken Houang, an individual; and Shelley Houang, individually and as Guardian Ad Litem for Minor.
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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
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Economic Damages:
Lost wages: $43,200
Diminution of rental value: $25,000
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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
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Attorney for the Plaintiff:
Law Offices of Gerald S. Ohn, APC by Gerald S. Ohn, Los Angeles.
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Attorney for the Defendant:
Klinedinst PC by Greg A. Garbacz and Taylor A. Wall, Irvine.
The Experts
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Plaintiff's Medical Expert(s):
James Dahlgren, M.D., toxicology and internal medicine.
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Defendant's Medical Expert(s):
Ron Simon, M.D., allergies and immunology.
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Plaintiff's Technical Expert(s):
Stephen Donell, property management.
Mike Cosley, mold.
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Defendant's Technical Expert(s):
Allan Snyder, property management.
Roy Dunn, mold.
Facts and Background
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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.
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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.
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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
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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.
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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