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1 RICHARD C. KOMAN, ESQ. (SBN 258099)
LAW OFFICE OF RICHARD C. KOMAN
2 755 Baywood Drive, 2nd Floor
Petaluma CA 94954
3 Telephone: (707) 544-5354
Fax: (866) 931-5315
4 Email: rkoman@gmail.com
5
Attorneys for Plaintiffs
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7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SONOMA
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Case No.:
11 ERIKA ADAMS, TOBIAS SANCHEZ-
MAHAN Unlimited Civil Case
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Plaintiff, COMPLAINT FOR DAMAGES
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v. (1) Negligent Breach of the Implied
14 Warranty of Habitability;
ALEXANDER MOUNTJOY, TIFFANY (2) Intentional Breach of the Implied
15 TAM, and DOES 1 TO 30, Warranty of Habitability;
Defendants (3) Nuisance (Negligent);
16 (4) Nuisance (Intentional);
(5) Negligence;
17 (6) Intentional Infliction of Emotional
Distress;
18 (7) Breach of Implied Covenant of Quiet
Use and Enjoyment;
19 (8) Negligent Violation of Statutory Duty;
(9) Intentional Violation of Statutory
20 Duties;
(10) Retaliation/Constructive Eviction;
21 (11) Wrongful Retention of Security Deposit
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COMES NOW Plaintiffs ERIKA ADAMS and TOBIAS SANCHEZ-MAHAN and for
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their causes of action against Defendants ALEXANDER MOUNTJOY, an individual, and
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TIFFANY TAM, an individual, and DOES 1 TO 30 (collectively “Defendants”) and each of
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them, complain and allege as follows:
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Complaint for Damages
1 GENERAL ALLEGATIONS
2 1. At all times herein mentioned, Plaintiffs were residents of Sonoma County,
3 California and living at a rented dwelling in unincorporated Sonoma County located at 10215
4 Occidental Road, Sebastopol, Sonoma County, California 95472 (the “Premises”).
5 2. At all times herein mentioned, Defendant TAMMY TAM was the owners of the
6 Premises and was engaged in the business of renting residential real property.
7 3. At all times mentioned herein, Defendant ALEXANDER MOUNTJOY was the
8 manager of the Premises.
9 4. The true names and/or capacities, whether individual, corporate, associate or
10 otherwise, of Defendants Does 1-30, inclusive, are unknown to Plaintiff at this time, who
11 therefore sue said Defendants by such fictitious names. When the true names and capacities of
12 said Defendants have been ascertained, Plaintiff will seek leave of this Court to amend this
13 Complaint accordingly. Plaintiff are informed and believe and thereon allege that each
14 Defendant designated a Doe is responsible negligently, intentionally, contractually, or in some
15 other actionable manner for the events and happenings hereinafter referred to, and thereby
16 proximately caused injuries and damages to Plaintiff as hereinafter alleged, either through said
17 Defendants’ own wrongful conduct or through the conduct of their agents, servants,
18 employees, representatives, officers, or attorneys, or due to the ownership, lease or
19 management of the real property which is the subject of this litigation, or in some other
20 manner.
21 5. Plaintiff are informed and believe and thereon allege that at all times mentioned
22 herein, Defendants, and each of them, were the agents, servants, employees and/or joint
23 venturers of their co-Defendants, and were, as such, acting within the scope, course and
24 authority of said agency, employment, corporate capacity, and/or joint venture, and that each
25 and every Defendant as aforesaid, when acting as a principal, was negligent and reckless in the
26 selection and hiring of each and every other Defendant as an agent, servant, employee,
27 corporate officer, and/or joint venturer, and that each and every Defendant ratified the acts of
28 their co-Defendants.
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Complaint for Damages
1 6. On or about March 16, 2021, Plaintiffs ERIKA ADAMS and TOBIAS
2 SANCHEZ-MAHAN agreed by written agreement to 10215 Occidental Road, Sebastopol,
3 Sonoma County, California, as their residence and thereafter Plaintiffs became tenants.
4 7. The lease was set to expire on March 15, 2022, and thereafter the lease converted
5 to a month-to-month rental agreement.
6 8. The lease required payment of, and Plaintiff did pay, a security deposit of Three
7 Thousand Two Hundred Dollars ($3,200.)
8 9. The rent under the Lease was Three Thousand Two Hundred Dollars ($3,200.)
9 per month.
10 10. Although the Lease provided for payment by personal check or cash, Defendant
11 MOUNTJOY demanded Plaintiffs pay rent in cash.
12 11. The Lease obliged tenants to obey rules and regulations which were made part of
13 the Lease.
14 12. The Lease provides for the prevailing party to receive “reasonable attorneys’ fees
15 and costs,” provided that if any party commences an action without first attempting to resolve
16 the matter through mediation, or refuses to mediate after a request has been made, then that
17 party shall not be entilted to recover attorneys fees, even if they would otherwise be available
18 to that party in any such action.”
19 13. Plaintiffs requested to mediate this matter but Defendants refused to so mediate.
20 14. At all times during the tenancy, and continuing thereafter, Defendants, and each
21 of them, breached their obligations by permitting the existence of substandard conditions in the
22 premises.
23 15. The substandard conditions included, but were not limited to:
24 a) Rotted and unsafe outdoor deck;
25 b) Lack of adequate heat;
26 c) Massive crack in broken toilet tank;
27 d) Lack of smoke and CO detectors;
28 e) Broken well pump;
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Complaint for Damages
1 f) Lack of running water, including no water for 56 days;
2 g) Mold;
3 h) Offensive odors;
4 i) Property flooded;
5 j) Broken kitchen sinks;
6 k) Broken toilets;
7 l) Defective plumbing;
8 m) Unpermitted wood stove;
9 n) Lack of adequate paint.
10 16. At all times during said tenancy Defendants, and each of them, had actual and
11 constructive knowledge of the defective conditions and Plaintiff made repeated requests that
12 Defendants maintain and repair the defective and substandard conditions.
13 17. Despite Plaintiff’ requests for repairs, Defendants failed to make the needed
14 repairs.
15 18. In addition, Defendant MOUNTJOY engaged in harassment and abuse of tenants
16 through emails and texts and unpermitted and unnoticed appearances at Plaintiffs’ home.
17 19. On or about January 19, 2023, Plaintiffs’ daughter, Anna Funchess fell through
18 the degraded and unsafe deck. Defendants refused to make repairs.
19 20. Defendant MOUNTJOY repeatedly and maliciously entered Plaintiffs’ home
20 against their consent and will.
21 21. On or about August 1, 2023, the County of Sonoma inspected the Premises and
22 issued a Notice & Order – Substandard Housing or Premises, citing the following substandard
23 conditions:
24 a) Deck boards broken and loose;
25 b) Lack of adequate heating;
26 c) Substandard broken toilet tank;
27 d) Lack of functional smoke and CO detectors.
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1 22. On or about August 23, 2023, the Graton Fire Inspector cited the Premises for
2 fire hazards
3 23. Because of the substandard and uninhabitable conditions and Defendants’
4 refusals to make repairs, Plaintiffs on or about August 23, 2023, did a final walk-through and
5 vacated the premises, providing a forwarding address in Lemon Grove in southern California.
6 gave written notice of her intent to vacate the unit.
7 24. Defendants were obligated under Civil Code section 1950.5 to return the security
8 deposit or account for it in writing no later than September 13, 2021.
9 25. Defendants neither returned Plaintiff’s security deposit nor provided a security
10 deposit accounting.
11 26. As a result of Defendants’ conduct, Plaintiff have suffered physical and
12 emotional injury, economic loss, damage to property, and they have been forced to retain the
13 services of attorneys and incur attorneys’ fees and costs of suit.
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15 FIRST CAUSE OF ACTION
Negligent Breach of the Implied Warranty of Habitability
16 (By Plaintiff Against All Defendants)
17 27. Plaintiff restates and realleges each and every paragraph of this complaint as
18 though fully set forth at length and incorporate the same herein by reference.
19 28. By renting the premises to , Defendants, and each of them, impliedly warranted
20 the premises to be habitable, safe, decent and sanitary, and free from conditions and defects
21 such as those listed above, which would cause injury to Plaintiff. Further, by renting the
22 premises to Plaintiff, Defendants, and each of them, created a special landlord-tenant
23 relationship with Plaintiff.
24 29. Plaintiff occupied the premises as her residence, and at all times complied with
25 all of the terms of the agreement required on her part to be performed.
26 30. By virtue of the special landlord-tenant relationship between Plaintiff and
27 Defendants herein, all Defendants owed certain duties to Plaintiff, including, but not limited to,
28 complying with all applicable housing laws and codes, building inspection department
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Complaint for Damages
1 regulations, and other statutory provisions, and providing a dwelling place free from defects
2 and hazards, as well as duties to provide adequate maintenance to prevent conditions which
3 endanger the life, limb, health, property, safety, or welfare of the occupants of the premises.
4 31. Beginning on or about the date of possession of the premises by Plaintiff, and
5 continuing thereafter, Defendants, and each of them, breached the implied warranty of
6 habitability by failing to provide, maintain, and/or repair the premises in a proper fashion, as
7 alleged in this Complaint. Defendants, and each of them, did not respond or responded with
8 inadequate efforts following requests by Plaintiff that Defendants repair the substandard
9 conditions.
10 32. Defendants, and each of them, had actual and constructive knowledge of each
11 and every one of these defective conditions and failed to correct said conditions within a
12 reasonable period of time after receiving knowledge of their existence and having been
13 requested by Plaintiff to repair the same.
14 33. Said defective conditions were not caused by wrongful or abnormal use of the
15 premises by Plaintiff or anyone acting under her authority. Plaintiff repeatedly notified
16 Defendants, and each of them, about the problems, and Plaintiff, to the best of her ability,
17 continually attempted to mitigate the problems.
18 34. As a direct and proximate result of Defendants’ acts and omissions referred to
19 herein, Plaintiff has suffered damages including property damage, economic loss and physical
20 harm, as well as discomfort, annoyance, and severe emotional distress. Additionally, Plaintiff
21 has been deprived of the beneficial use of the premises for a period of time which will be
22 proved at trial. Also, Plaintiff is entitled to recover attorneys’ fees and costs pursuant to statute
23 and the rental contract.
24 SECOND CAUSE OF ACTION
Intentional Breach of the Implied Warranty of Habitability
25 (By Plaintiff Against All Defendants)
26 35. Plaintiff restates and realleges each and every paragraph of the complaint as
27 though fully set forth at length and incorporate the same herein by reference.
28 36. The acts and omissions of Defendants, and each of them, were done intentionally
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1 and in callous disregard for the comfort, safety, health and well-being of Plaintiff, and were
2 further done for the purpose of saving costs at the expense of Plaintiff, and defeating her rights,
3 and for the purpose of oppressing and inflicting emotional and physical distress upon Plaintiff.
4 37. Defendants’ failure to correct the defective conditions described herein was
5 knowing, intentional, willful, and malicious, and was done with full knowledge of the
6 discomfort and annoyance which said failure would cause to Plaintiff, who is therefore entitled
7 to exemplary damages in a sum which will be sufficient to punish and make an example of
8 Defendants, and each of them.
9 THIRD CAUSE OF ACTION
Nuisance (Negligent)
10 (By Plaintiff Against All Defendants)
11 38. Plaintiff restates and realleges each and every paragraph of the complaint as
12 though fully set forth at length and incorporate the same herein by reference.
13 39. Said defective conditions heretofore described constituted a nuisance within the
14 meaning of California Civil Code § 3479.
15 40. Said nuisance affected and injured Plaintiff in that they were deprived of the safe,
16 decent and comfortable use of the premises as her dwelling.
17 41. Defendants, and each of them, knew or reasonably should have known that
18 Plaintiff would suffer damages in the form of mental distress and property damage, which they
19 did suffer.
20 42. Defendants, and each of them, were required by law to abate such nuisance, but
21 failed to do so. As a direct and proximate result of Defendants’ failure, Plaintiff suffered
22 discomfort, annoyance and bodily injuries.
23 FOURTH CAUSE OF ACTION
Nuisance (Intentional)
24 (By Plaintiff Against All Defendants)
25 43. Plaintiff restates and realleges each and every paragraph of this complaint as
26 though fully set forth at length and incorporate the same herein by reference.
27 44. Defendants’ failure to correct the defective conditions described above was
28 knowing, intentional, willful, and malicious, and was done with full knowledge of the
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Complaint for Damages
1 discomfort and annoyance which said failure would cause Plaintiff, and was further done in
2 conscious disregard of the rights of Plaintiff.
3 45. As a direct and proximate result of Defendants’ failure, Plaintiff suffered
4 discomfort, annoyance and bodily injuries.
5 46. Plaintiff is therefore entitled to exemplary damages in a sum which will be
6 adequate to punish and make an example of Defendants.
7 FIFTH CAUSE OF ACTION
Negligence
8 (By Plaintiff Against All Defendants)
9 47. Plaintiff restates and realleges each and every paragraph of this complaint as
10 though fully set forth at length and incorporate the same herein by reference.
11 48. At all times Defendants, and each of them, failed to properly maintain the
12 property and failed to correct the aforementioned defective conditions.
13 49. At all times Defendants, and each of them, knew or reasonably should have
14 known that Plaintiff would suffer extreme mental distress, embarrassment, frustration,
15 annoyance, humiliation, inconvenience, anger, shame, grief and discomfort, in that said
16 premises were the dwelling place and home of Plaintiff.
17 50. As a direct and proximate result of said unlawful conduct of Defendants, and
18 each of them, Plaintiff has suffered extreme emotional distress as more particularly set forth
19 above.
20 SIXTH CAUSE OF ACTION
Intentional Infliction of Emotional Distress
21 (By Plaintiff Against All Defendants)
22 51. Plaintiff restates and realleges each and every paragraph of this complaint as
23 though fully set forth at length and incorporate the same herein by reference.
24 52. As a direct and proximate result of the Defendants’ failure to correct said
25 defective conditions and Defendants’ conduct toward Plaintiff, Plaintiff has suffered and
26 continues to suffer extreme mental distress to her general damage and in an amount to be
27 established by proof at trial.
28 53. Defendants’ failure to correct the defective conditions described was knowing,
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Complaint for Damages
1 intentional and willful, and was done with full knowledge or substantial certainty of the
2 extreme mental distress which said failures would cause Plaintiff.
3 54. As a direct and proximate result of Defendants’ acts as herein described, Plaintiff
4 suffered severe emotional distress and bodily injuries.
5 55. Said conduct of Defendants was malicious and oppressive, and therefore Plaintiff
6 is entitled to punitive damages in an amount according to proof sufficient to punish and make
7 an example of Defendants, and each of them.
8 SEVENTH CAUSE OF ACTION
Breach of Implied Covenant of Quiet Use and Enjoyment
9 (By Plaintiff Against All Defendants)
10 56. Plaintiff restates and realleges each and every paragraph of this complaint as
11 though fully set forth herein and incorporate the same by reference.
12 57. During the course of Plaintiff’s tenancy at the Premises, Defendants, and each of
13 them, failed to investigate and respond to complaints by Plaintiff in a professional manner.
14 58. As a direct and proximate result of Defendants’ conduct aforementioned, Plaintiff
15 lost the substantial use and quiet enjoyment of her dwelling place, suffering damages and
16 losses in an amount according to proof at trial. Plaintiff are also entitled to attorney’s fees and
17 costs pursuant to Civil Code § 3304.
18 EIGHTH CAUSE OF ACTION
Negligent Violation of Statutory Duty
19 (By Plaintiff Against All Defendants)
20 59. Plaintiff restates and realleges each and every paragraph of this complaint as
21 though fully set forth at length and incorporate the same herein by reference.
22 60. The laws and regulations of the State of California and County of Sonoma,
23 including, but not limited to, California Civil Code §§ 1941.1 (a)-(h), 1942.4, 1942.5, 3304 and
24 3479, California Health and Safety Code § 17920.3, Uniform Housing Code (Chapter 10), and
25 Sonoma County Code (Chapter 7), impose statutory and/or regulatory duties on Defendants to
26 maintain residential premises in a safe and habitable condition, to provide tenants with the
27 quiet use and enjoyment of her residential rental dwellings.
28 61. Defendants, and each of them, failed to exercise ordinary and reasonable care in
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Complaint for Damages
1 complying with the aforementioned statutory and regulatory obligations and duties, and
2 therefore breached the same and violated said regulations and statutes, which are intended to
3 protect tenants and the general public from the above-described acts, omissions, and abuses.
4 Plaintiff were damaged by Defendants’ violation of statutory duties in an amount to be proved
5 at trial. In addition, Plaintiff are entitled to attorney’s fees and costs pursuant to California
6 Civil Code §§ 1942.4, 1942.5 and 3304.
7 NINTH CAUSE OF ACTION
Intentional Violation of Statutory Duty
8 (By Plaintiff Against All Defendants)
9 62. Plaintiff restates and realleges each and every paragraph of this complaint as
10 though fully set forth at length and incorporate the same herein by reference.
11 63. Defendants’ violations of statutory duties described above at Plaintiff’ Eighth
12 Cause of Action were knowing, intentional, and willful, and furthermore was malicious and
13 oppressive; therefore, Plaintiff are entitled to punitive damages in an amount according to
14 proof at trial, and which sum shall be adequate to punish and make an example of Defendants,
15 and each of them. Plaintiff were damaged by Defendants’ violation of statutory duties in an
16 amount to be proved at trial. In addition, Plaintiff are entitled to attorney’s fees and costs
17 pursuant to California Civil Code §§ 1942.4, 1942.5 and 3304.
18 TENTH CAUSE OF ACTION
Retaliation/Constructive Eviction
19 (By Plaintiff Against All Defendants)
20 64. Plaintiff restates and realleges each and every paragraph of this complaint as
21 though fully set forth at length and incorporate the same herein by reference.
22 65. Defendants, and each of them, willfully, knowingly, and purposefully retaliated
23 against Plaintiff for her assertions of Plaintiff’ rights in regard to the aforementioned acts and
24 omissions of Defendants, and each of them, by taking certain actions, or failing to act, in such a
25 way intended to actually and substantially harass, evict and/or constructively evict Plaintiff
26 from her premises.
27 66. As a direct and proximate result of Defendants’ retaliatory acts, Plaintiff were
28 injured in her emotional health and suffered fear, discomfort, mental and physical injuries and
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Complaint for Damages
1 mental distress in an amount to be proven at trial.
2 67. As a further direct and proximate result of Defendants’ retaliatory acts, Plaintiff
3 were injured by the deprivation by Defendants of a safe, secure, healthy and comfortable
4 dwelling for Plaintiff.
5 68. Defendant’ retaliatory acts and omissions were knowing, intentional, willful,
6 and malicious, and were done with full knowledge of the discomfort, fear, distress, and
7 annoyance such retaliatory acts would cause Plaintiff, and were further done in conscious
8 disregard of the rights of Plaintiff. Plaintiff therefore are entitled to exemplary damages in a
9 sum which will be adequate to punish and make an example of Defendants, and each of them.
10 In addition, Plaintiff are entitled to attorney’s fees and costs pursuant to California Civil Code
11 § 1942.5.
12 ELEVENTH CAUSE OF ACTION
13 Wrongful Retention of Security Deposit
(By Plaintiff Against All Defendants)
14 69. Plaintiff restates and realleges each and every paragraph of this complaint as
15 though fully set forth at length and incorporate the same herein by reference.
16 70. On or about August 23, 2023, Plaintiff vacated the Premises.
17 71. Defendants have failed and refused, and continue to fail and refuse, to return to
18 Plaintiff the sum deposited as security.
19 72. The retention by Defendant(s) of Plaintiff’ security deposit is in bad faith and
20 without cause and subjects Defendant(s) to a penalty of two times the amount of the deposit in
21 addition to actual damages under Civil Code Section 1950.5.
22 WHEREFORE, Plaintiff pray for judgment as follows:
23 1. For special, general, and consequential damages against all named and DOE
24 defendants, in an amount according to proof;
25 2. For punitive and exemplary damages against all named and DOE defendants in
26 the statutorily prescribed amounts or in amounts to be proved at trial;
27 3. For injunctive relieve to prevent further unlawful conduct;
28 4. For reasonable attorney’s fees from all named and DOE defendants pursuant to
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1 statute and the rental contract;
2 5. For costs of suit from all named and DOE defendants; and
3 6. For such other relief as the Court may deem just and proper.
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6 Dated: February 14, 2024 LAW OFFICES OF RICHARD KOMAN
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8 By: _____________________________
Richard C. Koman
9 Attorney for Plaintiffs Erika Adams
10 and Tobias Sanchez-Mahan
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1 RICHARD C. KOMAN, ESQ. (SBN 258099) LAW OFFICE OF RICHARD C. KOMAN 2 755 Baywood Drive, 2nd Floor Petaluma CA 94954 3 Telephone: (707) 544-5354 Fax: (866) 931-5315 4 Email: rkoman@gmail.com 5 Attorneys for Plaintiffs 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SONOMA 10 Case No.: 11 ERIKA ADAMS, TOBIAS SANCHEZ- MAHAN Unlimited Civil Case 12 Plaintiff, COMPLAINT FOR DAMAGES 13 v. (1) Negligent Breach of the Implied 14 Warranty of Habitability; ALEXANDER MOUNTJOY, TIFFANY (2) Intentional Breach of the Implied 15 TAM, and DOES 1 TO 30, Warranty of Habitability; Defendants (3) Nuisance (Negligent); 16 (4) Nuisance (Intentional); (5) Negligence; 17 (6) Intentional Infliction of Emotional Distress; 18 (7) Breach of Implied Covenant of Quiet Use and Enjoyment; 19 (8) Negligent Violation of Statutory Duty; (9) Intentional Violation of Statutory 20 Duties; (10) Retaliation/Constructive Eviction; 21 (11) Wrongful Retention of Security Deposit 22 23 COMES NOW Plaintiffs ERIKA ADAMS and TOBIAS SANCHEZ-MAHAN and for 24 their causes of action against Defendants ALEXANDER MOUNTJOY, an individual, and 25 TIFFANY TAM, an individual, and DOES 1 TO 30 (collectively “Defendants”) and each of 26 them, complain and allege as follows: 27 28 Complaint for Damages 1 GENERAL ALLEGATIONS 2 1. At all times herein mentioned, Plaintiffs were residents of Sonoma County, 3 California and living at a rented dwelling in unincorporated Sonoma County located at 10215 4 Occidental Road, Sebastopol, Sonoma County, California 95472 (the “Premises”). 5 2. At all times herein mentioned, Defendant TAMMY TAM was the owners of the 6 Premises and was engaged in the business of renting residential real property. 7 3. At all times mentioned herein, Defendant ALEXANDER MOUNTJOY was the 8 manager of the Premises. 9 4. The true names and/or capacities, whether individual, corporate, associate or 10 otherwise, of Defendants Does 1-30, inclusive, are unknown to Plaintiff at this time, who 11 therefore sue said Defendants by such fictitious names. When the true names and capacities of 12 said Defendants have been ascertained, Plaintiff will seek leave of this Court to amend this 13 Complaint accordingly. Plaintiff are informed and believe and thereon allege that each 14 Defendant designated a Doe is responsible negligently, intentionally, contractually, or in some 15 other actionable manner for the events and happenings hereinafter referred to, and thereby 16 proximately caused injuries and damages to Plaintiff as hereinafter alleged, either through said 17 Defendants’ own wrongful conduct or through the conduct of their agents, servants, 18 employees, representatives, officers, or attorneys, or due to the ownership, lease or 19 management of the real property which is the subject of this litigation, or in some other 20 manner. 21 5. Plaintiff are informed and believe and thereon allege that at all times mentioned 22 herein, Defendants, and each of them, were the agents, servants, employees and/or joint 23 venturers of their co-Defendants, and were, as such, acting within the scope, course and 24 authority of said agency, employment, corporate capacity, and/or joint venture, and that each 25 and every Defendant as aforesaid, when acting as a principal, was negligent and reckless in the 26 selection and hiring of each and every other Defendant as an agent, servant, employee, 27 corporate officer, and/or joint venturer, and that each and every Defendant ratified the acts of 28 their co-Defendants. -2- Complaint for Damages 1 6. On or about March 16, 2021, Plaintiffs ERIKA ADAMS and TOBIAS 2 SANCHEZ-MAHAN agreed by written agreement to 10215 Occidental Road, Sebastopol, 3 Sonoma County, California, as their residence and thereafter Plaintiffs became tenants. 4 7. The lease was set to expire on March 15, 2022, and thereafter the lease converted 5 to a month-to-month rental agreement. 6 8. The lease required payment of, and Plaintiff did pay, a security deposit of Three 7 Thousand Two Hundred Dollars ($3,200.) 8 9. The rent under the Lease was Three Thousand Two Hundred Dollars ($3,200.) 9 per month. 10 10. Although the Lease provided for payment by personal check or cash, Defendant 11 MOUNTJOY demanded Plaintiffs pay rent in cash. 12 11. The Lease obliged tenants to obey rules and regulations which were made part of 13 the Lease. 14 12. The Lease provides for the prevailing party to receive “reasonable attorneys’ fees 15 and costs,” provided that if any party commences an action without first attempting to resolve 16 the matter through mediation, or refuses to mediate after a request has been made, then that 17 party shall not be entilted to recover attorneys fees, even if they would otherwise be available 18 to that party in any such action.” 19 13. Plaintiffs requested to mediate this matter but Defendants refused to so mediate. 20 14. At all times during the tenancy, and continuing thereafter, Defendants, and each 21 of them, breached their obligations by permitting the existence of substandard conditions in the 22 premises. 23 15. The substandard conditions included, but were not limited to: 24 a) Rotted and unsafe outdoor deck; 25 b) Lack of adequate heat; 26 c) Massive crack in broken toilet tank; 27 d) Lack of smoke and CO detectors; 28 e) Broken well pump; -3- Complaint for Damages 1 f) Lack of running water, including no water for 56 days; 2 g) Mold; 3 h) Offensive odors; 4 i) Property flooded; 5 j) Broken kitchen sinks; 6 k) Broken toilets; 7 l) Defective plumbing; 8 m) Unpermitted wood stove; 9 n) Lack of adequate paint. 10 16. At all times during said tenancy Defendants, and each of them, had actual and 11 constructive knowledge of the defective conditions and Plaintiff made repeated requests that 12 Defendants maintain and repair the defective and substandard conditions. 13 17. Despite Plaintiff’ requests for repairs, Defendants failed to make the needed 14 repairs. 15 18. In addition, Defendant MOUNTJOY engaged in harassment and abuse of tenants 16 through emails and texts and unpermitted and unnoticed appearances at Plaintiffs’ home. 17 19. On or about January 19, 2023, Plaintiffs’ daughter, Anna Funchess fell through 18 the degraded and unsafe deck. Defendants refused to make repairs. 19 20. Defendant MOUNTJOY repeatedly and maliciously entered Plaintiffs’ home 20 against their consent and will. 21 21. On or about August 1, 2023, the County of Sonoma inspected the Premises and 22 issued a Notice & Order – Substandard Housing or Premises, citing the following substandard 23 conditions: 24 a) Deck boards broken and loose; 25 b) Lack of adequate heating; 26 c) Substandard broken toilet tank; 27 d) Lack of functional smoke and CO detectors. 28 -4- Complaint for Damages 1 22. On or about August 23, 2023, the Graton Fire Inspector cited the Premises for 2 fire hazards 3 23. Because of the substandard and uninhabitable conditions and Defendants’ 4 refusals to make repairs, Plaintiffs on or about August 23, 2023, did a final walk-through and 5 vacated the premises, providing a forwarding address in Lemon Grove in southern California. 6 gave written notice of her intent to vacate the unit. 7 24. Defendants were obligated under Civil Code section 1950.5 to return the security 8 deposit or account for it in writing no later than September 13, 2021. 9 25. Defendants neither returned Plaintiff’s security deposit nor provided a security 10 deposit accounting. 11 26. As a result of Defendants’ conduct, Plaintiff have suffered physical and 12 emotional injury, economic loss, damage to property, and they have been forced to retain the 13 services of attorneys and incur attorneys’ fees and costs of suit. 14 15 FIRST CAUSE OF ACTION Negligent Breach of the Implied Warranty of Habitability 16 (By Plaintiff Against All Defendants) 17 27. Plaintiff restates and realleges each and every paragraph of this complaint as 18 though fully set forth at length and incorporate the same herein by reference. 19 28. By renting the premises to , Defendants, and each of them, impliedly warranted 20 the premises to be habitable, safe, decent and sanitary, and free from conditions and defects 21 such as those listed above, which would cause injury to Plaintiff. Further, by renting the 22 premises to Plaintiff, Defendants, and each of them, created a special landlord-tenant 23 relationship with Plaintiff. 24 29. Plaintiff occupied the premises as her residence, and at all times complied with 25 all of the terms of the agreement required on her part to be performed. 26 30. By virtue of the special landlord-tenant relationship between Plaintiff and 27 Defendants herein, all Defendants owed certain duties to Plaintiff, including, but not limited to, 28 complying with all applicable housing laws and codes, building inspection department -5- Complaint for Damages 1 regulations, and other statutory provisions, and providing a dwelling place free from defects 2 and hazards, as well as duties to provide adequate maintenance to prevent conditions which 3 endanger the life, limb, health, property, safety, or welfare of the occupants of the premises. 4 31. Beginning on or about the date of possession of the premises by Plaintiff, and 5 continuing thereafter, Defendants, and each of them, breached the implied warranty of 6 habitability by failing to provide, maintain, and/or repair the premises in a proper fashion, as 7 alleged in this Complaint. Defendants, and each of them, did not respond or responded with 8 inadequate efforts following requests by Plaintiff that Defendants repair the substandard 9 conditions. 10 32. Defendants, and each of them, had actual and constructive knowledge of each 11 and every one of these defective conditions and failed to correct said conditions within a 12 reasonable period of time after receiving knowledge of their existence and having been 13 requested by Plaintiff to repair the same. 14 33. Said defective conditions were not caused by wrongful or abnormal use of the 15 premises by Plaintiff or anyone acting under her authority. Plaintiff repeatedly notified 16 Defendants, and each of them, about the problems, and Plaintiff, to the best of her ability, 17 continually attempted to mitigate the problems. 18 34. As a direct and proximate result of Defendants’ acts and omissions referred to 19 herein, Plaintiff has suffered damages including property damage, economic loss and physical 20 harm, as well as discomfort, annoyance, and severe emotional distress. Additionally, Plaintiff 21 has been deprived of the beneficial use of the premises for a period of time which will be 22 proved at trial. Also, Plaintiff is entitled to recover attorneys’ fees and costs pursuant to statute 23 and the rental contract. 24 SECOND CAUSE OF ACTION Intentional Breach of the Implied Warranty of Habitability 25 (By Plaintiff Against All Defendants) 26 35. Plaintiff restates and realleges each and every paragraph of the complaint as 27 though fully set forth at length and incorporate the same herein by reference. 28 36. The acts and omissions of Defendants, and each of them, were done intentionally -6- Complaint for Damages 1 and in callous disregard for the comfort, safety, health and well-being of Plaintiff, and were 2 further done for the purpose of saving costs at the expense of Plaintiff, and defeating her rights, 3 and for the purpose of oppressing and inflicting emotional and physical distress upon Plaintiff. 4 37. Defendants’ failure to correct the defective conditions described herein was 5 knowing, intentional, willful, and malicious, and was done with full knowledge of the 6 discomfort and annoyance which said failure would cause to Plaintiff, who is therefore entitled 7 to exemplary damages in a sum which will be sufficient to punish and make an example of 8 Defendants, and each of them. 9 THIRD CAUSE OF ACTION Nuisance (Negligent) 10 (By Plaintiff Against All Defendants) 11 38. Plaintiff restates and realleges each and every paragraph of the complaint as 12 though fully set forth at length and incorporate the same herein by reference. 13 39. Said defective conditions heretofore described constituted a nuisance within the 14 meaning of California Civil Code § 3479. 15 40. Said nuisance affected and injured Plaintiff in that they were deprived of the safe, 16 decent and comfortable use of the premises as her dwelling. 17 41. Defendants, and each of them, knew or reasonably should have known that 18 Plaintiff would suffer damages in the form of mental distress and property damage, which they 19 did suffer. 20 42. Defendants, and each of them, were required by law to abate such nuisance, but 21 failed to do so. As a direct and proximate result of Defendants’ failure, Plaintiff suffered 22 discomfort, annoyance and bodily injuries. 23 FOURTH CAUSE OF ACTION Nuisance (Intentional) 24 (By Plaintiff Against All Defendants) 25 43. Plaintiff restates and realleges each and every paragraph of this complaint as 26 though fully set forth at length and incorporate the same herein by reference. 27 44. Defendants’ failure to correct the defective conditions described above was 28 knowing, intentional, willful, and malicious, and was done with full knowledge of the -7- Complaint for Damages 1 discomfort and annoyance which said failure would cause Plaintiff, and was further done in 2 conscious disregard of the rights of Plaintiff. 3 45. As a direct and proximate result of Defendants’ failure, Plaintiff suffered 4 discomfort, annoyance and bodily injuries. 5 46. Plaintiff is therefore entitled to exemplary damages in a sum which will be 6 adequate to punish and make an example of Defendants. 7 FIFTH CAUSE OF ACTION Negligence 8 (By Plaintiff Against All Defendants) 9 47. Plaintiff restates and realleges each and every paragraph of this complaint as 10 though fully set forth at length and incorporate the same herein by reference. 11 48. At all times Defendants, and each of them, failed to properly maintain the 12 property and failed to correct the aforementioned defective conditions. 13 49. At all times Defendants, and each of them, knew or reasonably should have 14 known that Plaintiff would suffer extreme mental distress, embarrassment, frustration, 15 annoyance, humiliation, inconvenience, anger, shame, grief and discomfort, in that said 16 premises were the dwelling place and home of Plaintiff. 17 50. As a direct and proximate result of said unlawful conduct of Defendants, and 18 each of them, Plaintiff has suffered extreme emotional distress as more particularly set forth 19 above. 20 SIXTH CAUSE OF ACTION Intentional Infliction of Emotional Distress 21 (By Plaintiff Against All Defendants) 22 51. Plaintiff restates and realleges each and every paragraph of this complaint as 23 though fully set forth at length and incorporate the same herein by reference. 24 52. As a direct and proximate result of the Defendants’ failure to correct said 25 defective conditions and Defendants’ conduct toward Plaintiff, Plaintiff has suffered and 26 continues to suffer extreme mental distress to her general damage and in an amount to be 27 established by proof at trial. 28 53. Defendants’ failure to correct the defective conditions described was knowing, -8- Complaint for Damages 1 intentional and willful, and was done with full knowledge or substantial certainty of the 2 extreme mental distress which said failures would cause Plaintiff. 3 54. As a direct and proximate result of Defendants’ acts as herein described, Plaintiff 4 suffered severe emotional distress and bodily injuries. 5 55. Said conduct of Defendants was malicious and oppressive, and therefore Plaintiff 6 is entitled to punitive damages in an amount according to proof sufficient to punish and make 7 an example of Defendants, and each of them. 8 SEVENTH CAUSE OF ACTION Breach of Implied Covenant of Quiet Use and Enjoyment 9 (By Plaintiff Against All Defendants) 10 56. Plaintiff restates and realleges each and every paragraph of this complaint as 11 though fully set forth herein and incorporate the same by reference. 12 57. During the course of Plaintiff’s tenancy at the Premises, Defendants, and each of 13 them, failed to investigate and respond to complaints by Plaintiff in a professional manner. 14 58. As a direct and proximate result of Defendants’ conduct aforementioned, Plaintiff 15 lost the substantial use and quiet enjoyment of her dwelling place, suffering damages and 16 losses in an amount according to proof at trial. Plaintiff are also entitled to attorney’s fees and 17 costs pursuant to Civil Code § 3304. 18 EIGHTH CAUSE OF ACTION Negligent Violation of Statutory Duty 19 (By Plaintiff Against All Defendants) 20 59. Plaintiff restates and realleges each and every paragraph of this complaint as 21 though fully set forth at length and incorporate the same herein by reference. 22 60. The laws and regulations of the State of California and County of Sonoma, 23 including, but not limited to, California Civil Code §§ 1941.1 (a)-(h), 1942.4, 1942.5, 3304 and 24 3479, California Health and Safety Code § 17920.3, Uniform Housing Code (Chapter 10), and 25 Sonoma County Code (Chapter 7), impose statutory and/or regulatory duties on Defendants to 26 maintain residential premises in a safe and habitable condition, to provide tenants with the 27 quiet use and enjoyment of her residential rental dwellings. 28 61. Defendants, and each of them, failed to exercise ordinary and reasonable care in -9- Complaint for Damages 1 complying with the aforementioned statutory and regulatory obligations and duties, and 2 therefore breached the same and violated said regulations and statutes, which are intended to 3 protect tenants and the general public from the above-described acts, omissions, and abuses. 4 Plaintiff were damaged by Defendants’ violation of statutory duties in an amount to be proved 5 at trial. In addition, Plaintiff are entitled to attorney’s fees and costs pursuant to California 6 Civil Code §§ 1942.4, 1942.5 and 3304. 7 NINTH CAUSE OF ACTION Intentional Violation of Statutory Duty 8 (By Plaintiff Against All Defendants) 9 62. Plaintiff restates and realleges each and every paragraph of this complaint as 10 though fully set forth at length and incorporate the same herein by reference. 11 63. Defendants’ violations of statutory duties described above at Plaintiff’ Eighth 12 Cause of Action were knowing, intentional, and willful, and furthermore was malicious and 13 oppressive; therefore, Plaintiff are entitled to punitive damages in an amount according to 14 proof at trial, and which sum shall be adequate to punish and make an example of Defendants, 15 and each of them. Plaintiff were damaged by Defendants’ violation of statutory duties in an 16 amount to be proved at trial. In addition, Plaintiff are entitled to attorney’s fees and costs 17 pursuant to California Civil Code §§ 1942.4, 1942.5 and 3304. 18 TENTH CAUSE OF ACTION Retaliation/Constructive Eviction 19 (By Plaintiff Against All Defendants) 20 64. Plaintiff restates and realleges each and every paragraph of this complaint as 21 though fully set forth at length and incorporate the same herein by reference. 22 65. Defendants, and each of them, willfully, knowingly, and purposefully retaliated 23 against Plaintiff for her assertions of Plaintiff’ rights in regard to the aforementioned acts and 24 omissions of Defendants, and each of them, by taking certain actions, or failing to act, in such a 25 way intended to actually and substantially harass, evict and/or constructively evict Plaintiff 26 from her premises. 27 66. As a direct and proximate result of Defendants’ retaliatory acts, Plaintiff were 28 injured in her emotional health and suffered fear, discomfort, mental and physical injuries and -10- Complaint for Damages 1 mental distress in an amount to be proven at trial. 2 67. As a further direct and proximate result of Defendants’ retaliatory acts, Plaintiff 3 were injured by the deprivation by Defendants of a safe, secure, healthy and comfortable 4 dwelling for Plaintiff. 5 68. Defendant’ retaliatory acts and omissions were knowing, intentional, willful, 6 and malicious, and were done with full knowledge of the discomfort, fear, distress, and 7 annoyance such retaliatory acts would cause Plaintiff, and were further done in conscious 8 disregard of the rights of Plaintiff. Plaintiff therefore are entitled to exemplary damages in a 9 sum which will be adequate to punish and make an example of Defendants, and each of them. 10 In addition, Plaintiff are entitled to attorney’s fees and costs pursuant to California Civil Code 11 § 1942.5. 12 ELEVENTH CAUSE OF ACTION 13 Wrongful Retention of Security Deposit (By Plaintiff Against All Defendants) 14 69. Plaintiff restates and realleges each and every paragraph of this complaint as 15 though fully set forth at length and incorporate the same herein by reference. 16 70. On or about August 23, 2023, Plaintiff vacated the Premises. 17 71. Defendants have failed and refused, and continue to fail and refuse, to return to 18 Plaintiff the sum deposited as security. 19 72. The retention by Defendant(s) of Plaintiff’ security deposit is in bad faith and 20 without cause and subjects Defendant(s) to a penalty of two times the amount of the deposit in 21 addition to actual damages under Civil Code Section 1950.5. 22 WHEREFORE, Plaintiff pray for judgment as follows: 23 1. For special, general, and consequential damages against all named and DOE 24 defendants, in an amount according to proof; 25 2. For punitive and exemplary damages against all named and DOE defendants in 26 the statutorily prescribed amounts or in amounts to be proved at trial; 27 3. For injunctive relieve to prevent further unlawful conduct; 28 4. For reasonable attorney’s fees from all named and DOE defendants pursuant to -11- Complaint for Damages 1 statute and the rental contract; 2 5. For costs of suit from all named and DOE defendants; and 3 6. For such other relief as the Court may deem just and proper. 4 5 6 Dated: February 14, 2024 LAW OFFICES OF RICHARD KOMAN 7 8 By: _____________________________ Richard C. Koman 9 Attorney for Plaintiffs Erika Adams 10 and Tobias Sanchez-Mahan 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -12- Complaint for Damages