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Mold grows inside walls; tenant says it caused him severe allergic reaction including asthma.

The Case

  • Case Name: John Doe v. Murrieta Paradise, Inc; E.A. Harrison properties, Inc.
  • Court and Case Number: Los Angeles Superior Court / 21STCV20174
  • Date of Verdict or Judgment: Friday, February 06, 2026
  • Date Action was Filed: Friday, May 28, 2021
  • Type of Case: Negligence
  • Judge or Arbitrator(s): Hon. Michele E. Flurer
  • Plaintiffs:
    John Doe
  • Defendants:
    Murrieta Paradise, Inc. (property owner)
    E.A. Harrison Properties, Inc. (property managers)
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $2,273,270
  • Award as to each Defendant: $91,170 jointly and severally$1,636,575 E.A. Harrison Properties
  • $545,525 Murrieta Paradise, Inc.
  • Economic Damages: $91,170
  • Non-Economic Damages: $2,182,100
  • Jury Polls: Unanimous

The Attorneys

  • Attorney for the Plaintiff:

    Strongin, LLP by Eric B. Strongin and Kseniya Y. Stupak, Ladera Ranch.

  • Attorney for the Defendant:

    Koletsky Mancini Feldman LLP by Marc S. Feldman, Los Angeles. (For E.A. Harrison.)

    Lewis Brisbois Bisgaard & Smith LLP by John S. Poulos, Sacramento.

The Experts

  • Plaintiff’s Medical Expert(s):

    Robin Bernhoft, M.D., occupational medicine.

    Robert N. Wolfe, M.D., pulmonology.

  • Defendant's Medical Expert(s):
  • Andrew Saxon, M.D., allergy-immunology.
  • Daniel Sudakin, M.D., toxicology.
  • Jonathan Corren, M.D., allergy-immunology.
  • Plaintiff's Technical Expert(s):

    Joseph Gutierrez, mold inspection.

  • Defendant's Technical Expert(s):

    Steve Finkelstein, M.S., M.A., C.I.H., industrial hygiene.

    Richard Snyder, C.P.M., property management.

    Robert Griswold, property management.

Facts and Background

  • Facts and Background: Plaintiff had been renting a residential apartment unit in a high-end multi-tenant residential complex for five years when he noticed a foreign substance on one of his apartment walls. Plaintiff reported respiratory symptoms, relocated to a hotel, and ultimately moved out on August 1, 2019.
  • After plaintiff reported seeing “black material” on the hallway wall in May 2019, defendants’ contractor opened the wall in early June 2019. He covered the wall with painter plastic until a remediation company arrived two weeks later. Independent testing reported elevated indoor spore levels and identified water-damage-associated mold (including Chaetomium) and active growth in the wall cavity.
  • Plaintiff's Contentions: That defendants allowed long-standing leaks and water intrusion to persist, chose cost-cutting “cosmetic” fixes over addressing the root cause, and thereby created wet-building conditions that fostered mold and microbial growth, making the unit unsafe and causing him to become ill. Plaintiff' developed symptoms, including asthma, breathing difficulty, severe fatigue and “foggy brain.”
  • Plaintiff sued for breach of the implied warranty of habitability, negligence, and constructive eviction, arising out of mold and water intrusion conditions at the subject property.
  • Defendants’ contractor opened the wall without appropriate safety steps (including asbestos testing) and used inadequate containment, contributing to contamination and requiring plaintiff to take protective measures and temporarily relocate to a hotel at his own expense.
  • Defendant's Contentions: That plaintiff’s alleged exposure lasted only two days, that he did not develop – and never had – asthma, and that his reported symptoms were merely the product of anger rather than any environmental condition.
  • They further asserted that the landlord and property managers exceeded the applicable standard of care by retaining an independent contractor to open the wall and check for leaks, and that hiring a remediation company approximately two weeks after plaintiff’s complaint was reasonable and consistent with industry standards.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff: Asthma, body aches, memory loss, foggy brain, emotional distress. The evidence at trial showed that plaintiff developed chronic respiratory injury, including asthma, that persisted even after he left the unit.
  • Rent abatement; hotel expenses; moving expenses; environmental testing expenses; storage expenses, cleaning expenses.

Special Damages

  • Special Damages Claimed - Past Medical: $12,140
  • Special Damages Claimed - Future Medical: $6,000

Demands and Offers

  • Plaintiff §998 Demand: $864,788.28
  • Plaintiff Final Demand before Trial: $500,000
  • Plaintiff Demand during Trial: $600,000
  • Defendant §998 Offer: $60,000
  • Defendant Final Offer before Trial: $60,000

Additional Notes

Insurer: Truck Insurance Exchange

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.

Copyright © 2026 by Neubauer & Associates, Inc. All rights reserved.

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