Property owner refuses to pay for bedbug extermination. $104,400. Kern County.

Summary

New tenant says there are bedbugs in home, landlord blames them on tenant.

The Case

Case Name: Margarita Fuentes et al. v. Pioneer Street Associates
Court and Case Number: Kern County Superior Court / S-1500-CV-282214
Date of Verdict or Judgment: Tuesday, March 07, 2017
Date Action was Filed: Wednesday, June 11, 2014
Type of Action: Landlord-Tenant Issues
Judge or Arbitrator(s): Hon. Thomas A. Clark
Plaintiffs:
Margarita Fuentes and her four children.
Defendants:
Pioneer Street Associates
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $104,400
Contributory/Comparative Negligence: None.
Economic Damages:
$6,400
Non-Economic Damages:
$58,000
Punitive Damages:
$40,000
Trial or Arbitration Time: 11 days.
Jury Deliberation Time: 1 1/2 days.
Jury Polls: 12-0

The Attorneys

Attorney for the Plaintiff:
MYBEDBUGLAWYER, INC. by Brian Virag, Encino.
Attorney for the Defendant:
Belofsky & Hanker, LLP by David Belofsky, San Pedro.

The Experts

Plaintiff’s Medical Expert(s):
Adrian Rojas, PA, Bakersfield. (Treating health care provider.)
Defendant's Medical Expert(s):
Tina Youseffy.
Plaintiff's Technical Expert(s):
Richard Kaae, entomology, Huntington Beach.
Eric White, property management.
Defendant's Technical Expert(s):
None.

Facts and Background

Facts and Background:
Plaintiffs moved into defendant’s property in April, 2012. Within a couple of months they discovered bedbugs in their unit. Plaintiff notified management immediately but the defendant delayed inspection by pest control for nearly 2 weeks. Pest control inspected and found the unit positive for bedbugs and recommended treatment. Management advised plaintiff that "if you don’t pay, we won’t spray."
Plaintiff's Contentions:
That defendant had an obligation to provide habitable premises. That defendant breached the warranty of habitability and the lease agreement by failing to provide habitable premises. Further, that defendant was negligent, permitted a nuisance to exist and negligently inflicted emotional distress upon plaintiffs.
Defendant's Contentions:
That plaintiff caused the invasion of bedbugs.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Bites, scars.
Emotional distress.

Special Damages

Special Damages Claimed - Past Medical: None.
Special Damages Claimed - Future Medical: None.
Special Damages Claimed - Past Lost Earnings: None.
Special Damages Claimed - Future Lost Earnings: None.

Demands and Offers

Plaintiff §998 Demand: None.
Plaintiff Final Demand before Trial: $600,000 (Per defense counsel.)
Defendant §998 Offer: None.
Defendant Final Offer before Trial: $5,000

Additional Notes

At one point in the litigation there was an offer by defendant for $5,000. By the time of the MSC there was no offer by defense.

Per defense counsel:

Plaintiff's lowest pre-verdict demand was $600,000.

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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.