Preview
THOMAS W. J. PURTELL, ESQ. (SBN 229961)
THE LAW OFFICES OF THOMAS W. J. PURTELL
534 Pacific Ave., Suite 200
San Francisco, CA 94133 ELECTRONICALLY
Telephone: (415) 722-6291 FILED
Facsimile: (415) 834-5591 Superior Court of California,
Email: tpurtell@thomaswjpurtell-law.corn County of San Francisco
03/12/2024
JAMES O'RIEN, ESQ. (SBN 170035) Clerk of the Court
THE LAW OFFICE OF JAMES O'RIEN BY: DAEJA ROGERS
Deputy Clerk
1160 Battery St., Suite 100
San Francisco, CA 94111
Telephone: (415) 513-7942
Facsimile: (415) 923-9420
Email: jobrien@jamesobrienlaw.corn
Attornevs for Plaintiff,
10 ALEXA WHITE, an individual
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF SAN FRANCISCO
13 ALEXA WHITE, an individual; ) Case No.: CGC-24-613076
)
14 ) PLAINTIFF'S COMPLAINT FOR:
)
15 Plaintiff, ) (1) NEGLIGENCE;
) (2) BREACH OF THE IMPLIED
16 vs. ) WARRANTY OF HABITABILITY;
) (3) BREACH OF THE IMPLIED
17 MARY LOUISE BEECROFT, an individual; ) WARRANTY OF QUIET ENJOYMENT;
MARY LOUISE BEECROFT, TRUSTEE OF ) (4) INTENTIONAL INFLICTION OF
18 THE MARY LOUISE BEECROFT ) EMOTIONAL DISTRESS;
) (5) BREACH OF CONTRACT;
19 ) (6) BREACH OF THE COVENANT OF
DOES 1 to 10, inclusive, GOOD FAITH AND FAIR DEALING;
)
20 ) (7) PRIVATE NUISANCE; and
) (8) VIOLATION OF S.F. ADMIN. CODE,
21 Defendants. CH.37
)
)
22 ) DEMAND FOR JURY TRIAL
23
24
COMES NOW Plaintiff ALEXA WHITE, an individual, to submit the following
25
Complaint based upon information and belief as follows:
26
27 PARTIES
Plaintiff ALEXA WHITE, an individual, is a female individual residing in the
-I-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
City of San Francisco, County of San Francisco, State of California.
2. Defendant MARY LOUISE BEECROFT, an individual, is an adult female
individual, landlord, and property manager doing business in the City of San Francisco, County
of San Francisco, State of California.
3. Defendant MARY LOUISE BEECROFT, TRUSTEE OF THE MARY LOUISE
BEECROFT REVOCABLE TRUST is a trust and landlord doing business in the City of San
Francisco, County of San Francisco, State of California.
4. At all times herein, Plaintiff ALEXA WHITE may be referred to as "Plaintiff."
5. At all times herein, Defendants MARY LOUISE BEECROFT, an individual;
10 MARY LOUISE BEECROFT, TRUSTEE OF THE MARY LOUISE BEECROFT
REVOCABLE TRUST; and DOES 1 to 10 may be collectively referred to as "Defendants."
12 6. The true names and capacities, whether individual, corporate, associate, or
13 otherwise, of the Defendants named herein as DOES 1 to DOES 10 are unknown to Plaintiff at
14 this time. Plaintiff sues the Defendant DOES by such fictitious names pursuant to California
15 Code of Civil Procedure $ 474, and will amend this Complaint to show their true names and
16 capacities when the same have been ascertained. Plaintiff is informed and believe, and based on
17 such information and belief allege, that each of the Defendant DOES are legally responsible in
some manner for the events and happenings referred to in this Complaint and/or also unlawfully
19 caused the damages to Plaintiff as alleged herein.
20 7. Plaintiff is further informed and believes, and based on such information and
21 belief alleges, that at all times pled in this Complaint, Defendants, and each of them, were the
22 agents and/or employees of the other, and in doing the things alleged herein, Defendants were
23 acting within the course and scope of their agency and/or employment.
24 VENUE AND JURISDICTION
25 8. Venue in this Court is proper as the injuries and damages to Plaintiff occurred in
26 the City of San Francisco, County of San Francisco, State of California.
27 9. Jurisdiction in this Court is proper as the amount in controversy is in excess of the
statutory requirements of this Court. -2-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
GENERAL ALLEGATIONS
10. Plaintiff was a residential tenant at 840 Taylor St. 01, San Francisco, California
(hereinafter "Subject Property" ) from June 1, 2021, until November 10, 2023, when Plaintiff was
constructively evicted from the Subject Property, due to the atrocious conduct of Defendants
creating dangerous, unsafe, harassing, and uninhabitable conditions in the Subject Property.
11. At all times herein, Defendants MARY LOUISE BEECROFT, an individual;
MARY LOUISE BEECROFT, TRUSTEE OF THE MARY LOUISE BEECROFT
REVOCABLE TRUST; and DOES 1 to 10 owned, managed, maintained, and controlled the
Subject Property.
10 12. Plaintiff took possession of a unit in the Subject Property pursuant to a contract
with Defendants (hereinafter "Contract" ).
12 13. At all times herein, a landlord-tenant relationship existed between Plaintiff and
13 Defendants.
14 14. Substantial defective, dangerous, unsafe, uninhabitable, and harassing
15 conditions existed at the Subject Property during Plaintiff's tenancy which constitute
16 violations of applicable housing laws, including but not limited to, Defendants knowingly
17 and negligently exposed Plaintiff to toxic mold in the Subject Property, Defendants knowingly
18 and negligently refused to remediate toxic mold in the Subject Property, Defendants knowingly
19 and negligently refused to repair severe leaks in the Subject Property, Defendants knowingly
20 and negligently exposed Plaintiff to severe leaks in the Subject Property, knowingly and
21 negligently exposed Plaintiff to unsanitary odors emanating into Plaintiff's unit on the Subject
22 Property, Defendants knowingly and negligently refused to remediate unsanitary odors
23 emanating into Plaintiff's unit on the Subject Property, Defendants knowingly and illegally
24 entered the Subject Premises repeatedly without prior notice to Plaintiff in violation of Cal.
25 Civ. Code section 1954 when Plaintiff was inside the Subject Premises terrifying Plaintiff
26 for her safety, Defendants knowingly and negligently exposed Plaintiff to garbage, debris, and
27 unsanitary conditions on the Subject Property, Defendants knowingly and negligently refused
28 to remediate garbage, debris, and unsanitary conditions on the Subject Property, Defendants
-3-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
knowingly and negligently exposed Plaintiff to vermin on the Subject Property, Defendants
knowingly and negligently refused to remediate vermin on the Subject Property, Defendants
failed to provide plumbing that conformed with applicable law and adequately maintained in
working order, Defendants harassed Plaintiff by attempting to influence Plaintiff to vacate
the Subject Property through intimidation and coercion in violation of S.F. Admin. Code, Ch.
37, Defendants permitted the Subject Property to deteriorate into a dilapidated, substandard,
uninhabitable state in bad faith causing Plaintiff severe harm, including, but not limited to,
general and special damages, substantial loss of use of property damages, emotional distress
and bodily injury, and Defendants constructively evicted Plaintiff from the unsafe, dangerous,
10 and uninhabitable Subject Property.
FIRST CAUSE OF ACTION
NEGLIGENCE
12 (Plaintiff Against All Defendants and DOES 1-10)
13 15. Plaintiff incorporates and re-alleges, as though fully set forth in this
14 count, each and every preceding Paragraph of this Complaint.
15 16. Defendants owed Plaintiff a duty of reasonable and due care to exercise
16 reasonable care in the ownership, operation, management, maintenance, and control
17 of the Subject Property.
18 17. Defendants breached their duty to exercise reasonable care in the
19 ownership, operation, management, and control of the Subject Property, which
20 included, but was not limited to, the following: the duty to comply with all applicable
21 state and local laws governing Plaintiffs rights, including, but not limited to, the duty to
22 not expose Plaintiff to toxic mold in the Subject Property, the duty to remediate toxic mold in the
23 Subject Property, the duty to repair severe leaks in the Subject Property, the duty to provide
24 plumbing that conformed with applicable law and adequately maintained in working order, the
25 duty to not expose Plaintiff to garbage, debris, and unsanitary conditions on the Subject
26 Property, the duty to remediate garbage, debris, and unsanitary conditions on the Subject
27 Property, the duty to not expose Plaintiff to vermin on the Subject Property, the duty to
remediate vermin on the Subject Property, the duty to not expose Plaintiff to unsanitary odors
-4-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
emanating into Plaintiff's unit on the Subject Property, the duty to remediate unsanitary odors
emanating into Plaintiffs unit on the Subject Property, the duty not to interfere with
Plaintiffs quiet enjoyment of the premises, and the duty to provide Plaintiff a habitable
unit.
18. As a direct and proximate result of the breaches of the foregoing duties by
Defendants, Plaintiff suffered general and special damages including in an amount
according to proof, and Plaintiff was constructively evicted by Defendants from the unsafe,
dangerous, and uninhabitable unit.
SECOND CAUSE OF ACTION
BREACH OF THE IMPLIED WARRANTY OF HABITABILITY
10 (Plaintiff Against All Defendants and DOES 1-10)
19. Plaintiff incorporates and re-alleges, as though fully set forth in this
12 count, each and every preceding Paragraph of this Complaint.
13 20. In renting the Subject Property to Plaintiff, Defendants impliedly undertook the
14 warranty that the Subject Property was in a habitable condition.
15 21. Defendants breached their duty to exercise reasonable care in the
16 ownership, operation, management, and control of the Subject Property, which
17 included, but was not limited to, the following: the duty to comply with all applicable
18 state and local laws governing Plaintiffs rights, including, but not limited to, the duty to
19 not expose Plaintiff to toxic mold in the Subject Property, the duty to remediate toxic mold in the
20 Subject Property, the duty to repair severe leaks in the Subject Property, the duty to provide
21 plumbing that conformed with applicable law and adequately maintained in working order, the
22 duty to not expose Plaintiff to garbage, debris, and unsanitary conditions on the Subject
23 Property, the duty to remediate garbage, debris, and unsanitary conditions on the Subject
24 Property, the duty to not expose Plaintiff to vermin on the Subject Property, the duty to
25 remediate vermin on the Subject Property, the duty to not expose Plaintiff to unsanitary odors
26 emanating into Plaintiff's unit on the Subject Property, the duty to remediate unsanitary odors
27 emanating into Plaintiff's unit on the Subject Property, the duty not to interfere with
28 Plaintiffs quiet enjoyment of the premises, and Defendants thereby interfered with the
-5-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
habitability of Plaintiffs tenancy and Defendants breached the implied warranty of
habitability.
22. As a direct and proximate result of the breaches of the foregoing duties by
Defendants, Plaintiff suffered general and special damages including in an amount
according to proof, and Plaintiff was constructively evicted by Defendants from the unsafe,
dangerous, and uninhabitable unit.
THIRD CAUSE OF ACTION
BREACH OF THE IMPLIED WARRANTY OF QUIET ENJOYMENT
(Plaintiff Against All Defendants and DOES 1-10)
23. Plaintiff incorporates and re-alleges, as though fully set forth in this
10 count, each and every preceding Paragraph of this Complaint.
24. In renting the Subject Property to the Plaintiff, Defendants impliedly undertook the
12 warranty not to disturb Plaintiffs quiet enjoyment and beneficial possession of the Subject
13 Property.
14 25. Defendants breached their duty to exercise reasonable care in the
15 ownership, operation, management, and control of the Subject Property, which
16 included, but was not limited to, the following: the duty to comply with all applicable
17 state and local laws governing Plaintiffs rights, including, but not limited to, the duty to
18 not expose Plaintiff to toxic mold in the Subject Property, the duty to remediate toxic mold in the
19 Subject Property, the duty to repair severe leaks in the Subject Property, the duty to provide
20 plumbing that conformed with applicable law and adequately maintained in working order, the
21 duty to not expose Plaintiff to garbage, debris, and unsanitary conditions on the Subject
22 Property, the duty to remediate garbage, debris, and unsanitary conditions on the Subject
23 Property, the duty to not expose Plaintiff to vermin on the Subject Property, the duty to
24 remediate vermin on the Subject Property, the duty to not expose Plaintiff to unsanitary odors
25 emanating into Plaintiff's unit on the Subject Property, the duty to remediate unsanitary odors
26 emanating into Plaintiffs unit on the Subject Property, the duty not to interfere with
27 Plaintiffs quiet enjoyment of the premises, and Defendants thereby interfered with the
quiet enjoyment of Plaintiffs tenancy and Defendants breached the implied warranty of
-6-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
quiet enjoyment.
26. As a direct and proximate result of the breaches of the foregoing duties by
Defendants, Plaintiff suffered general and special damages including in an amount
according to proof, and Plaintiff was constructively evicting by Defendants from the unsafe,
dangerous, and uninhabitable unit.
FOURTH CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(Plaintiff Against All Defendants and DOES 1-10)
27. Plaintiff incorporates and re-alleges, as though fully set forth in this
count, each and every preceding Paragraph of this Complaint.
10 28. Defendants'cts of are outrageous as Defendants knowingly and negligently
exposed Plaintiff to toxic mold in the Subject Property, Defendants knowingly and negligently
12 refused to remediate toxic mold in the Subject Property, Defendants knowingly and negligently
13 refused to repair severe leaks in the Subject Property, Defendants knowingly and negligently
14 exposed Plaintiff to severe leaks in the Subject Property, knowingly and negligently exposed
15 Plaintiff to unsanitary odors emanating into Plaintiff s unit on the Subject Property, Defendants
16 knowingly and negligently refused to remediate unsanitary odors emanating into Plaintiff s unit
17 on the Subject Property, Defendants knowingly and illegally entered the Subject Premises
18 repeatedly without prior notice to Plaintiff in violation of Cal. Civ. Code section 1954 when
19 Plaintiff was inside the Subject Premises terrifying Plaintiff for her safety, Defendants
20 knowingly and negligently exposed Plaintiff to garbage, debris, and unsanitary conditions on the
21 Subject Property, Defendants knowingly and negligently refused to remediate garbage, debris,
22 and unsanitary conditions on the Subject Property, Defendants knowingly and negligently
23 exposed Plaintiff to vermin on the Subject Property, Defendants knowingly and negligently
24 refused to remediate vermin on the Subject Property, Defendants failed to provide plumbing
25 that conformed with applicable law and adequately maintained in working order, Defendants
C
26 harassed Plaintiff by attempting to influence Plaintiff to vacate the Subject Property through
27 intimidation and coercion in violation of S.F. Admin. Code, Ch. 37, Defendants permitted
28 the Subject Property to deteriorate into a dilapidated, substandard, uninhabitable state in bad faith
-7-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
causing Plaintiff severe harm, including, but not limited to, general and special damages,
substantial loss of use of property damages, emotional distress and bodily injury, and Defendants
constructively evicted Plaintiff from the unsafe, dangerous, and uninhabitable Subject
Property.
29. Defendants'aid acts were with reckless disregard of the probability that Plaintiff
would suffer emotional distress as a result of said acts.
30. Defendants'aid acts of were a substantial factor in causing Plaintiffs severe
emotional distress.
31. As a direct and proximate result of said acts by Defendants, Plaintiff
10 suffered general and special damages, including, severe emotional distress, and as
Defendants'ctions
were malicious, fraudulent, and oppressive and carried out with a conscious disregard of
12 Plaintiffs rights, PlaintiA prays for punitive damages pursuant to California Code of Civil
13 Procedure $ 3294.
14 FIFTH CAUSE OF ACTION
BREACH OF CONTRACT
15 (Plaintiff Against All Defendants and DOES 1-10)
16 32. Plaintiff incorporates and re-alleges, as though fully set forth in this
17 count, each and every preceding Paragraph of this Complaint.
33. Plaintiff took possession of the Subject Property pursuant to a written contract
19 Plaintiff entered into with Defendants (hereinafter "Contract" ).
20 34. Pursuant to the Contract, Defendants were required to provide to Plaintiff a safe
21 unit, perform necessary repairs and maintenance, provide Plaintiff the Subject Property in a
22 non-dangerous condition, and provide Plaintiff the Subject Property in a habitable condition.
23 35. Defendants breached this Contract by Defendants knowingly and negligently
24 exposed Plaintiff to toxic mold in the Subject Property, Defendants knowingly and negligently
25 refused to remediate toxic mold in the Subject Property, Defendants knowingly and negligently
26 refused to repair severe leaks in the Subject Property, Defendants knowingly and negligently
27 exposed Plaintiff to severe leaks in the Subject Property, knowingly and negligently exposed
28 Plaintiff to unsanitary odors emanating into Plaintiff's unit on the Subject Property, Defendants
-8-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
knowingly and negligently refused to remediate unsanitary odors emanating into Plaintiff s unit
on the Subject Property, Defendants knowingly and illegally entered the Subject Premises
repeatedly without prior notice to Plaintiff in violation of Cal. Civ. Code section 1954 when
Plaintiff was inside the Subject Premises terrifying Plaintiff for her safety, Defendants
knowingly and negligently exposed Plaintiff to garbage, debris, and unsanitary conditions on the
Subject Property, Defendants knowingly and negligently refused to remediate garbage, debris,
and unsanitary conditions on the Subject Property, Defendants knowingly and negligently
exposed Plaintiff to vermin on the Subject Property, Defendants knowingly and negligently
refused to remediate vermin on the Subject Property, Defendants failed to provide plumbing
10 that conformed with applicable law and adequately maintained in working order, Defendants
harassed Plaintiff by attempting to influence Plaintiff to vacate the Subject Property through
12 intimidation and coercion in violation of S.F. Admin. Code, Ch. 37, Defendants permitted
13 the Subject Property to deteriorate into a dilapidated, substandard, uninhabitable state in bad faith
14 causing Plaintiff severe harm, including, but not limited to, general and special damages,
15 substantial loss of use of property damages, emotional distress and bodily injury, and DefendanI.s
16 constructively evicted Plaintiff from the unsafe, dangerous, and uninhabitable Subject
17 Property, and said was a substantial factor in causing harm to Plaintiffs.
18 36. As a direct and proximate result of the foregoing failures and breaches by
19 Defendants, Plaintiff suffered general and special damages.
20 SIXTH CAUSE OF ACTION
BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING
21 (Plaintiff Against All Defendants and DOES 1-10)
22 37. Plaintiff incorporates and re-alleges, as though fully set forth in this
23 count, each and every preceding Paragraph of this Complaint.
24 38. Plaintiff took possession of a unit in the Subject Property pursuant to the
25 Contract with Defendants.
26 39. Plaintiff performed all of the material terms that the Contract with Defendants
27 required Plaintiff to do.
40. All conditions required for Defendants'performance under the Contract with
-9-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff have occurred.
41. Defendants breached the Covenant of Good Faith and Fair Dealing in the
Contract when Defendants unfairly interfered with Plaintiffs right to receive the benefits of the
contract as Defendants knowingly and negligently exposed Plaintiff to toxic mold in the Subject
Property, Defendants knowingly and negligently refused to remediate toxic mold in the
Subject Property, Defendants knowingly and negligently refused to repair severe leaks in the
Subject Property, Defendants knowingly and negligently exposed Plaintiff to severe leaks in the
Subject Property, knowingly and negligently exposed Plaintiff to unsanitary odors emanating
into Plaintiff's unit on the Subject Property, Defendants knowingly and illegally entered the
10 Subject Premises repeatedly without prior notice to Plaintiff in violation of Cal. Civ. Code
section 1954 when Plaintiff was inside the Subject Premises terrifying Plaintiff for her
12 safety, Defendants knowingly and negligently refused to remediate unsanitary odors emanating
13 into Plaintiff's unit on the Subject Property, Defendants knowingly and negligently exposed
14 Plaintiff to garbage, debris, and unsanitary conditions on the Subject Property, Defendants
15 knowingly and negligently refused to remediate garbage, debris, and unsanitary conditions on
16 the Subject Property, Defendants knowingly and negligently exposed Plaintiff to vermin on the
17 Subject Property, Defendants knowingly and negligently refused to remediate vermin on the
18 Subject Property, Defendants failed to provide plumbing that conformed with applicable law
19 and adequately maintained in working order, Defendants harassed Plaintiff by attempting to
20 influence Plaintiff to vacate the Subject Property through intimidation and coercion in
21 violation of S.F. Admin. Code, Ch. 37, Defendants permitted the Subject Property to
22 deteriorate into a dilapidated, substandard, uninhabitable state in bad faith causing Plaintiff
23 severe harm, including, but not limited to, general and special damages, substantial loss of use
24 of property damages, emotional distress and bodily injury, and Defendants constructively evicted
25 Plaintiff from the unsafe, dangerous, and uninhabitable Subject Property.
26 42. As a direct and proximate result of the foregoing failures and breaches by
27 Defendants, Plaintiff suffered general and special damages.
- 10-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
SEVENTH CAUSE OF ACTION
PRIVATE NUISANCE
(Plaintiff Against All Defendants and DOES 1-10)
43. Plaintiff incorporates and re-alleges, as though fully set forth in this
count, each and every preceding Paragraph of this Complaint.
44. Plaintiff took possession of a unit in the Subject Property pursuant to a
Contract with Defendants, and resided unit in the Subject Property until Plaintiff was
constructively evicted.
45. Defendants created and permitted conditions to exist that were harmful to
Plaintiff, offensive to Plaintiff, obstructed Plaintiffs use of property, and interfered with
10 Plaintiffs enjoyment of life and property by Defendants knowingly and negligently exposed
Plaintiff to toxic mold in the Subject Property, Defendants knowingly and negligently refused
12 to remediate toxic mold in the Subject Property, Defendants knowingly and negligently refused
13 to repair severe leaks in the Subject Property, Defendants knowingly and negligently exposed
14 Plaintiff to severe leaks in the Subject Property, knowingly and negligently exposed Plaintiff to
15 unsanitary odors emanating into Plaintiff's unit on the Subject Property, Defendants knowingly
16 and negligently refused to remediate unsanitary odors emanating into Plaintiff s unit on the
17 Subject Property, Defendants knowingly and illegally entered the Subject Premises
18 repeatedly without prior notice to Plaintiff in violation of Cal. Civ. Code section 1954 when
19 Plaintiff was inside the Subject Premises terrifying Plaintiff for her safety, Defendants
20 knowingly and negligently exposed Plaintiff to garbage, debris, and unsanitary conditions on the
21 Subject Property, Defendants knowingly and negligently refused to remediate garbage, debris,
22 and unsanitary conditions on the Subject Property, Defendants knowingly and negligently
23 exposed Plaintiff to vermin on the Subject Property, Defendants knowingly and negligently
24 refused to remediate vermin on the Subject Property, Defendants failed to provide plumbing
25 that conformed with applicable law and adequately maintained in working order, Defendants
26 harassed Plaintiff by attempting to influence Plaintiff to vacate the Subject Property through
27 intimidation and coercion in violation of S.F. Admin. Code, Ch. 37, Defendants permitted
28 the Subject Property to deteriorate into a dilapidated, substandard, uninhabitable state in bad faith
-11-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
causing Plaintiff severe harm, including, but not limited to, general and special damages,
substantial loss of use of property damages, emotional distress and bodily injury, and Defendants
constructively evicted Plaintiff from the unsafe, dangerous, and uninhabitable Subject
Property.
46. Plaintiff did not consent to Defendants'aid created and permitted conditions.
Defendants'aid
47. An ordinary person would be reasonably annoyed and disturbed by
created and permitted conditions.
48. Defendants'aid created and permitted conditions were a substantial factor in
causing Plaintiff s harm.
10 Defendants'aid
49.
conduct.
The seriousness of Plaintiffs harm outweighs the public benefit of
12 50. As a direct and proximate result of the breaches and the foregoing conduct
13 by Defendants, Plaintiff suffered general and special damages, including, but not limited to
14 severe emotional distress, and as Defendants'ctions were malicious, fraudulent, and oppressive,
15 and carried out with a conscious disregard of Plaintiffs rights, Plaintiff fruther prays for punitive
16 damages pursuant to California Code of Civil Procedure ( 3294 and Hassoldt v. Patrick Media
17 Group, Inc., (2000) 84 Cal. App. 4th 153.)
18 EIGHTH CAUSE OF ACTION
VIOLATION OF S.F. ADMIN. CODE, CH. 37
19 (Plaintiff Against All Defendants and DOES 1-10)
20 51. Plaintiff incorporates and re-alleges, as though fully set forth in this
21
count, each and every preceding Paragraph of this Complaint.
22 52. Plaintiffs tenancy was subject to the provisions of S.F. Administrative Code,
23
Chapter 37 ("S.F. Admin. Code, Ch. 37"). S.F. Admin. Code, Ch. 37 prohibits a landlord or
24 their agent from influencing or attempting to influence a tenant to vacate a rental housing
25 unit through intimidation or coercion; prohibits a landlord or their agent from failing to
26 perform repairs and maintenance required by contract or by State, County, or local housing,
27 health, or safety laws; and prohibits a landlord or their agent from endeavoring to recover
28
-12-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
1 possession of the subject unit unless a just cause for terminating the tenancy was the
2 landlord's dominant motive. Defendants attempted to influence and did influence Plaintiff
3 to vacate the Subject Property through intimidation and coercion, Defendants knowingly
4 and negligently exposing Plaintiff to severe leaks in the Subject Property, knowingly and
5 negligently exposing Plaintiff to toxic mold in the Subject Property, knowingly and negligently
6 refusing to remediate toxic mold in the Subject Property, knowingly and negligently exposing
7 Plaintiff to unsanitary odors emanating into Plaintiff s unit on the Subject Property, knowingly
8 and negligently refusing to remediate unsanitary odors emanating into Plaintiffs unit on the
9 Subject Property, Defendants knowingly and illegally entered the Subject Premises
10 repeatedly without prior notice to Plaintiff in violation of Cal. Civ. Code section 1954 when
11 Plaintiff was inside the Subject Premises terrifying Plaintiff for her safety, knowingly and
12 negligently failing to provide plumbing that conformed with applicable law and adequately
13 maintained in working order, knowingly and negligently exposing Plaintiff to garbage, debris,
14 and unsanitary conditions on the Subject Property, knowingly and negligently refusing to
15 remediate garbage, debris, and unsanitary conditions on the Subject Property, constructively
16 evicting Plaintiff from the unsafe, dangerous, and uninhabitable unit, and Defendants failing
17 to perform repairs and maintenance required by contract or by State, County, and local
18 housing, health and safety laws, and endeavored to recover possession of the Subject
19 Property for terminating Plaintiffs tenancy. In carrying out said acts and omissions,
20 Defendants wrongfully endeavored to recover possession of the subject unit and did
21 wrongfully take possession of the Subject Property from Plaintiff without justcause.
22 53. Each of Defendants acts and omissions constitute violations of S.F. Admin.
23 Code $ 37.10B, and Defendants acted in knowing violation and with reckless disregard of
24 the protections for Plaintiff contained in S.F. Admin. Code, Ch. 37.
25 54. As a direct and proximate result of the breaches and the foregoing conduct
26 by Defendants, Plaintiff suffered general and special damages, and as Defendants'ctions
27 were malicious, fraudulent, and oppressive, and carried out with a conscious disregard of
28 Plaintiff s rights, Plaintiff further prays for treble damages, attorneys'ees, and punitive damages
-13-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
1 pursuant to S.F. Admin. Code, Ch. 37.
WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as
follows:
For all Causes of Action, compensatory damages in an amount to be
5
determined and according to proof at the trial of this action;
2. For all Causes of Action, general damages in an amount to be determined and
7
according to proof at the trial of this action;
3. For all Causes of Action, special damages in an amount to be determined and
9
according to proof at the trial of this action;
10
4. For the Causes of Action for Intentional Infliction of Emotional Distress and
11
Private Nuisance, punitive damages pursuant to California Code of Civil Procedure $ 3294;
12
5. For the Causes of Action of Breach of Contract and Breach of the Covenant of
13
Good Faith and Fair Dealing, attorneys'ees and costs incurred pursuant to the Contract and
14
Civil Code section 1717;
15
17
attorneys'66. For the Cause of Action of Violation of S.F. Admin. Code, Ch. 37,
fees and costs pursuant to S.F. Admin. Code;
7. For the Cause of Action of Violation of S.F. Admin. Code, Ch. 37, punitive
18
damages pursuant to S.F. Admin. Code;
19
For the Cause of Action of Violation of S.F. Admin. Code, Ch. 37, treble
20
damages pursuant to S.F. Admin. Code;
21
8. For pre-judgment interest on all sums awarded, at the maximum legal
22
rate;
23
9. For costs of suit herein occurred; and
24
10. For such other and further relief as the Court may deem proper.
///
///
///
- 14-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a jury trial in this case.
March 11, 2024 THE LAW OFFICES OF THOMAS W. J. PURTELL
THOMAS W. J. PURTELL
Attorney for Plaintiff
ALEXA WHITE, an individual
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 15-
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
Preview
THOMAS W. J. PURTELL, ESQ. (SBN 229961) THE LAW OFFICES OF THOMAS W. J. PURTELL 534 Pacific Ave., Suite 200 San Francisco, CA 94133 ELECTRONICALLY Telephone: (415) 722-6291 FILED Facsimile: (415) 834-5591 Superior Court of California, Email: tpurtell@thomaswjpurtell-law.corn County of San Francisco 03/12/2024 JAMES O'RIEN, ESQ. (SBN 170035) Clerk of the Court THE LAW OFFICE OF JAMES O'RIEN BY: DAEJA ROGERS Deputy Clerk 1160 Battery St., Suite 100 San Francisco, CA 94111 Telephone: (415) 513-7942 Facsimile: (415) 923-9420 Email: jobrien@jamesobrienlaw.corn Attornevs for Plaintiff, 10 ALEXA WHITE, an individual SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN FRANCISCO 13 ALEXA WHITE, an individual; ) Case No.: CGC-24-613076 ) 14 ) PLAINTIFF'S COMPLAINT FOR: ) 15 Plaintiff, ) (1) NEGLIGENCE; ) (2) BREACH OF THE IMPLIED 16 vs. ) WARRANTY OF HABITABILITY; ) (3) BREACH OF THE IMPLIED 17 MARY LOUISE BEECROFT, an individual; ) WARRANTY OF QUIET ENJOYMENT; MARY LOUISE BEECROFT, TRUSTEE OF ) (4) INTENTIONAL INFLICTION OF 18 THE MARY LOUISE BEECROFT ) EMOTIONAL DISTRESS; ) (5) BREACH OF CONTRACT; 19 ) (6) BREACH OF THE COVENANT OF DOES 1 to 10, inclusive, GOOD FAITH AND FAIR DEALING; ) 20 ) (7) PRIVATE NUISANCE; and ) (8) VIOLATION OF S.F. ADMIN. CODE, 21 Defendants. CH.37 ) ) 22 ) DEMAND FOR JURY TRIAL 23 24 COMES NOW Plaintiff ALEXA WHITE, an individual, to submit the following 25 Complaint based upon information and belief as follows: 26 27 PARTIES Plaintiff ALEXA WHITE, an individual, is a female individual residing in the -I- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL City of San Francisco, County of San Francisco, State of California. 2. Defendant MARY LOUISE BEECROFT, an individual, is an adult female individual, landlord, and property manager doing business in the City of San Francisco, County of San Francisco, State of California. 3. Defendant MARY LOUISE BEECROFT, TRUSTEE OF THE MARY LOUISE BEECROFT REVOCABLE TRUST is a trust and landlord doing business in the City of San Francisco, County of San Francisco, State of California. 4. At all times herein, Plaintiff ALEXA WHITE may be referred to as "Plaintiff." 5. At all times herein, Defendants MARY LOUISE BEECROFT, an individual; 10 MARY LOUISE BEECROFT, TRUSTEE OF THE MARY LOUISE BEECROFT REVOCABLE TRUST; and DOES 1 to 10 may be collectively referred to as "Defendants." 12 6. The true names and capacities, whether individual, corporate, associate, or 13 otherwise, of the Defendants named herein as DOES 1 to DOES 10 are unknown to Plaintiff at 14 this time. Plaintiff sues the Defendant DOES by such fictitious names pursuant to California 15 Code of Civil Procedure $ 474, and will amend this Complaint to show their true names and 16 capacities when the same have been ascertained. Plaintiff is informed and believe, and based on 17 such information and belief allege, that each of the Defendant DOES are legally responsible in some manner for the events and happenings referred to in this Complaint and/or also unlawfully 19 caused the damages to Plaintiff as alleged herein. 20 7. Plaintiff is further informed and believes, and based on such information and 21 belief alleges, that at all times pled in this Complaint, Defendants, and each of them, were the 22 agents and/or employees of the other, and in doing the things alleged herein, Defendants were 23 acting within the course and scope of their agency and/or employment. 24 VENUE AND JURISDICTION 25 8. Venue in this Court is proper as the injuries and damages to Plaintiff occurred in 26 the City of San Francisco, County of San Francisco, State of California. 27 9. Jurisdiction in this Court is proper as the amount in controversy is in excess of the statutory requirements of this Court. -2- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL GENERAL ALLEGATIONS 10. Plaintiff was a residential tenant at 840 Taylor St. 01, San Francisco, California (hereinafter "Subject Property" ) from June 1, 2021, until November 10, 2023, when Plaintiff was constructively evicted from the Subject Property, due to the atrocious conduct of Defendants creating dangerous, unsafe, harassing, and uninhabitable conditions in the Subject Property. 11. At all times herein, Defendants MARY LOUISE BEECROFT, an individual; MARY LOUISE BEECROFT, TRUSTEE OF THE MARY LOUISE BEECROFT REVOCABLE TRUST; and DOES 1 to 10 owned, managed, maintained, and controlled the Subject Property. 10 12. Plaintiff took possession of a unit in the Subject Property pursuant to a contract with Defendants (hereinafter "Contract" ). 12 13. At all times herein, a landlord-tenant relationship existed between Plaintiff and 13 Defendants. 14 14. Substantial defective, dangerous, unsafe, uninhabitable, and harassing 15 conditions existed at the Subject Property during Plaintiff's tenancy which constitute 16 violations of applicable housing laws, including but not limited to, Defendants knowingly 17 and negligently exposed Plaintiff to toxic mold in the Subject Property, Defendants knowingly 18 and negligently refused to remediate toxic mold in the Subject Property, Defendants knowingly 19 and negligently refused to repair severe leaks in the Subject Property, Defendants knowingly 20 and negligently exposed Plaintiff to severe leaks in the Subject Property, knowingly and 21 negligently exposed Plaintiff to unsanitary odors emanating into Plaintiff's unit on the Subject 22 Property, Defendants knowingly and negligently refused to remediate unsanitary odors 23 emanating into Plaintiff's unit on the Subject Property, Defendants knowingly and illegally 24 entered the Subject Premises repeatedly without prior notice to Plaintiff in violation of Cal. 25 Civ. Code section 1954 when Plaintiff was inside the Subject Premises terrifying Plaintiff 26 for her safety, Defendants knowingly and negligently exposed Plaintiff to garbage, debris, and 27 unsanitary conditions on the Subject Property, Defendants knowingly and negligently refused 28 to remediate garbage, debris, and unsanitary conditions on the Subject Property, Defendants -3- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL knowingly and negligently exposed Plaintiff to vermin on the Subject Property, Defendants knowingly and negligently refused to remediate vermin on the Subject Property, Defendants failed to provide plumbing that conformed with applicable law and adequately maintained in working order, Defendants harassed Plaintiff by attempting to influence Plaintiff to vacate the Subject Property through intimidation and coercion in violation of S.F. Admin. Code, Ch. 37, Defendants permitted the Subject Property to deteriorate into a dilapidated, substandard, uninhabitable state in bad faith causing Plaintiff severe harm, including, but not limited to, general and special damages, substantial loss of use of property damages, emotional distress and bodily injury, and Defendants constructively evicted Plaintiff from the unsafe, dangerous, 10 and uninhabitable Subject Property. FIRST CAUSE OF ACTION NEGLIGENCE 12 (Plaintiff Against All Defendants and DOES 1-10) 13 15. Plaintiff incorporates and re-alleges, as though fully set forth in this 14 count, each and every preceding Paragraph of this Complaint. 15 16. Defendants owed Plaintiff a duty of reasonable and due care to exercise 16 reasonable care in the ownership, operation, management, maintenance, and control 17 of the Subject Property. 18 17. Defendants breached their duty to exercise reasonable care in the 19 ownership, operation, management, and control of the Subject Property, which 20 included, but was not limited to, the following: the duty to comply with all applicable 21 state and local laws governing Plaintiffs rights, including, but not limited to, the duty to 22 not expose Plaintiff to toxic mold in the Subject Property, the duty to remediate toxic mold in the 23 Subject Property, the duty to repair severe leaks in the Subject Property, the duty to provide 24 plumbing that conformed with applicable law and adequately maintained in working order, the 25 duty to not expose Plaintiff to garbage, debris, and unsanitary conditions on the Subject 26 Property, the duty to remediate garbage, debris, and unsanitary conditions on the Subject 27 Property, the duty to not expose Plaintiff to vermin on the Subject Property, the duty to remediate vermin on the Subject Property, the duty to not expose Plaintiff to unsanitary odors -4- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL emanating into Plaintiff's unit on the Subject Property, the duty to remediate unsanitary odors emanating into Plaintiffs unit on the Subject Property, the duty not to interfere with Plaintiffs quiet enjoyment of the premises, and the duty to provide Plaintiff a habitable unit. 18. As a direct and proximate result of the breaches of the foregoing duties by Defendants, Plaintiff suffered general and special damages including in an amount according to proof, and Plaintiff was constructively evicted by Defendants from the unsafe, dangerous, and uninhabitable unit. SECOND CAUSE OF ACTION BREACH OF THE IMPLIED WARRANTY OF HABITABILITY 10 (Plaintiff Against All Defendants and DOES 1-10) 19. Plaintiff incorporates and re-alleges, as though fully set forth in this 12 count, each and every preceding Paragraph of this Complaint. 13 20. In renting the Subject Property to Plaintiff, Defendants impliedly undertook the 14 warranty that the Subject Property was in a habitable condition. 15 21. Defendants breached their duty to exercise reasonable care in the 16 ownership, operation, management, and control of the Subject Property, which 17 included, but was not limited to, the following: the duty to comply with all applicable 18 state and local laws governing Plaintiffs rights, including, but not limited to, the duty to 19 not expose Plaintiff to toxic mold in the Subject Property, the duty to remediate toxic mold in the 20 Subject Property, the duty to repair severe leaks in the Subject Property, the duty to provide 21 plumbing that conformed with applicable law and adequately maintained in working order, the 22 duty to not expose Plaintiff to garbage, debris, and unsanitary conditions on the Subject 23 Property, the duty to remediate garbage, debris, and unsanitary conditions on the Subject 24 Property, the duty to not expose Plaintiff to vermin on the Subject Property, the duty to 25 remediate vermin on the Subject Property, the duty to not expose Plaintiff to unsanitary odors 26 emanating into Plaintiff's unit on the Subject Property, the duty to remediate unsanitary odors 27 emanating into Plaintiff's unit on the Subject Property, the duty not to interfere with 28 Plaintiffs quiet enjoyment of the premises, and Defendants thereby interfered with the -5- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL habitability of Plaintiffs tenancy and Defendants breached the implied warranty of habitability. 22. As a direct and proximate result of the breaches of the foregoing duties by Defendants, Plaintiff suffered general and special damages including in an amount according to proof, and Plaintiff was constructively evicted by Defendants from the unsafe, dangerous, and uninhabitable unit. THIRD CAUSE OF ACTION BREACH OF THE IMPLIED WARRANTY OF QUIET ENJOYMENT (Plaintiff Against All Defendants and DOES 1-10) 23. Plaintiff incorporates and re-alleges, as though fully set forth in this 10 count, each and every preceding Paragraph of this Complaint. 24. In renting the Subject Property to the Plaintiff, Defendants impliedly undertook the 12 warranty not to disturb Plaintiffs quiet enjoyment and beneficial possession of the Subject 13 Property. 14 25. Defendants breached their duty to exercise reasonable care in the 15 ownership, operation, management, and control of the Subject Property, which 16 included, but was not limited to, the following: the duty to comply with all applicable 17 state and local laws governing Plaintiffs rights, including, but not limited to, the duty to 18 not expose Plaintiff to toxic mold in the Subject Property, the duty to remediate toxic mold in the 19 Subject Property, the duty to repair severe leaks in the Subject Property, the duty to provide 20 plumbing that conformed with applicable law and adequately maintained in working order, the 21 duty to not expose Plaintiff to garbage, debris, and unsanitary conditions on the Subject 22 Property, the duty to remediate garbage, debris, and unsanitary conditions on the Subject 23 Property, the duty to not expose Plaintiff to vermin on the Subject Property, the duty to 24 remediate vermin on the Subject Property, the duty to not expose Plaintiff to unsanitary odors 25 emanating into Plaintiff's unit on the Subject Property, the duty to remediate unsanitary odors 26 emanating into Plaintiffs unit on the Subject Property, the duty not to interfere with 27 Plaintiffs quiet enjoyment of the premises, and Defendants thereby interfered with the quiet enjoyment of Plaintiffs tenancy and Defendants breached the implied warranty of -6- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL quiet enjoyment. 26. As a direct and proximate result of the breaches of the foregoing duties by Defendants, Plaintiff suffered general and special damages including in an amount according to proof, and Plaintiff was constructively evicting by Defendants from the unsafe, dangerous, and uninhabitable unit. FOURTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Plaintiff Against All Defendants and DOES 1-10) 27. Plaintiff incorporates and re-alleges, as though fully set forth in this count, each and every preceding Paragraph of this Complaint. 10 28. Defendants'cts of are outrageous as Defendants knowingly and negligently exposed Plaintiff to toxic mold in the Subject Property, Defendants knowingly and negligently 12 refused to remediate toxic mold in the Subject Property, Defendants knowingly and negligently 13 refused to repair severe leaks in the Subject Property, Defendants knowingly and negligently 14 exposed Plaintiff to severe leaks in the Subject Property, knowingly and negligently exposed 15 Plaintiff to unsanitary odors emanating into Plaintiff s unit on the Subject Property, Defendants 16 knowingly and negligently refused to remediate unsanitary odors emanating into Plaintiff s unit 17 on the Subject Property, Defendants knowingly and illegally entered the Subject Premises 18 repeatedly without prior notice to Plaintiff in violation of Cal. Civ. Code section 1954 when 19 Plaintiff was inside the Subject Premises terrifying Plaintiff for her safety, Defendants 20 knowingly and negligently exposed Plaintiff to garbage, debris, and unsanitary conditions on the 21 Subject Property, Defendants knowingly and negligently refused to remediate garbage, debris, 22 and unsanitary conditions on the Subject Property, Defendants knowingly and negligently 23 exposed Plaintiff to vermin on the Subject Property, Defendants knowingly and negligently 24 refused to remediate vermin on the Subject Property, Defendants failed to provide plumbing 25 that conformed with applicable law and adequately maintained in working order, Defendants C 26 harassed Plaintiff by attempting to influence Plaintiff to vacate the Subject Property through 27 intimidation and coercion in violation of S.F. Admin. Code, Ch. 37, Defendants permitted 28 the Subject Property to deteriorate into a dilapidated, substandard, uninhabitable state in bad faith -7- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL causing Plaintiff severe harm, including, but not limited to, general and special damages, substantial loss of use of property damages, emotional distress and bodily injury, and Defendants constructively evicted Plaintiff from the unsafe, dangerous, and uninhabitable Subject Property. 29. Defendants'aid acts were with reckless disregard of the probability that Plaintiff would suffer emotional distress as a result of said acts. 30. Defendants'aid acts of were a substantial factor in causing Plaintiffs severe emotional distress. 31. As a direct and proximate result of said acts by Defendants, Plaintiff 10 suffered general and special damages, including, severe emotional distress, and as Defendants'ctions were malicious, fraudulent, and oppressive and carried out with a conscious disregard of 12 Plaintiffs rights, PlaintiA prays for punitive damages pursuant to California Code of Civil 13 Procedure $ 3294. 14 FIFTH CAUSE OF ACTION BREACH OF CONTRACT 15 (Plaintiff Against All Defendants and DOES 1-10) 16 32. Plaintiff incorporates and re-alleges, as though fully set forth in this 17 count, each and every preceding Paragraph of this Complaint. 33. Plaintiff took possession of the Subject Property pursuant to a written contract 19 Plaintiff entered into with Defendants (hereinafter "Contract" ). 20 34. Pursuant to the Contract, Defendants were required to provide to Plaintiff a safe 21 unit, perform necessary repairs and maintenance, provide Plaintiff the Subject Property in a 22 non-dangerous condition, and provide Plaintiff the Subject Property in a habitable condition. 23 35. Defendants breached this Contract by Defendants knowingly and negligently 24 exposed Plaintiff to toxic mold in the Subject Property, Defendants knowingly and negligently 25 refused to remediate toxic mold in the Subject Property, Defendants knowingly and negligently 26 refused to repair severe leaks in the Subject Property, Defendants knowingly and negligently 27 exposed Plaintiff to severe leaks in the Subject Property, knowingly and negligently exposed 28 Plaintiff to unsanitary odors emanating into Plaintiff's unit on the Subject Property, Defendants -8- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL knowingly and negligently refused to remediate unsanitary odors emanating into Plaintiff s unit on the Subject Property, Defendants knowingly and illegally entered the Subject Premises repeatedly without prior notice to Plaintiff in violation of Cal. Civ. Code section 1954 when Plaintiff was inside the Subject Premises terrifying Plaintiff for her safety, Defendants knowingly and negligently exposed Plaintiff to garbage, debris, and unsanitary conditions on the Subject Property, Defendants knowingly and negligently refused to remediate garbage, debris, and unsanitary conditions on the Subject Property, Defendants knowingly and negligently exposed Plaintiff to vermin on the Subject Property, Defendants knowingly and negligently refused to remediate vermin on the Subject Property, Defendants failed to provide plumbing 10 that conformed with applicable law and adequately maintained in working order, Defendants harassed Plaintiff by attempting to influence Plaintiff to vacate the Subject Property through 12 intimidation and coercion in violation of S.F. Admin. Code, Ch. 37, Defendants permitted 13 the Subject Property to deteriorate into a dilapidated, substandard, uninhabitable state in bad faith 14 causing Plaintiff severe harm, including, but not limited to, general and special damages, 15 substantial loss of use of property damages, emotional distress and bodily injury, and DefendanI.s 16 constructively evicted Plaintiff from the unsafe, dangerous, and uninhabitable Subject 17 Property, and said was a substantial factor in causing harm to Plaintiffs. 18 36. As a direct and proximate result of the foregoing failures and breaches by 19 Defendants, Plaintiff suffered general and special damages. 20 SIXTH CAUSE OF ACTION BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING 21 (Plaintiff Against All Defendants and DOES 1-10) 22 37. Plaintiff incorporates and re-alleges, as though fully set forth in this 23 count, each and every preceding Paragraph of this Complaint. 24 38. Plaintiff took possession of a unit in the Subject Property pursuant to the 25 Contract with Defendants. 26 39. Plaintiff performed all of the material terms that the Contract with Defendants 27 required Plaintiff to do. 40. All conditions required for Defendants'performance under the Contract with -9- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff have occurred. 41. Defendants breached the Covenant of Good Faith and Fair Dealing in the Contract when Defendants unfairly interfered with Plaintiffs right to receive the benefits of the contract as Defendants knowingly and negligently exposed Plaintiff to toxic mold in the Subject Property, Defendants knowingly and negligently refused to remediate toxic mold in the Subject Property, Defendants knowingly and negligently refused to repair severe leaks in the Subject Property, Defendants knowingly and negligently exposed Plaintiff to severe leaks in the Subject Property, knowingly and negligently exposed Plaintiff to unsanitary odors emanating into Plaintiff's unit on the Subject Property, Defendants knowingly and illegally entered the 10 Subject Premises repeatedly without prior notice to Plaintiff in violation of Cal. Civ. Code section 1954 when Plaintiff was inside the Subject Premises terrifying Plaintiff for her 12 safety, Defendants knowingly and negligently refused to remediate unsanitary odors emanating 13 into Plaintiff's unit on the Subject Property, Defendants knowingly and negligently exposed 14 Plaintiff to garbage, debris, and unsanitary conditions on the Subject Property, Defendants 15 knowingly and negligently refused to remediate garbage, debris, and unsanitary conditions on 16 the Subject Property, Defendants knowingly and negligently exposed Plaintiff to vermin on the 17 Subject Property, Defendants knowingly and negligently refused to remediate vermin on the 18 Subject Property, Defendants failed to provide plumbing that conformed with applicable law 19 and adequately maintained in working order, Defendants harassed Plaintiff by attempting to 20 influence Plaintiff to vacate the Subject Property through intimidation and coercion in 21 violation of S.F. Admin. Code, Ch. 37, Defendants permitted the Subject Property to 22 deteriorate into a dilapidated, substandard, uninhabitable state in bad faith causing Plaintiff 23 severe harm, including, but not limited to, general and special damages, substantial loss of use 24 of property damages, emotional distress and bodily injury, and Defendants constructively evicted 25 Plaintiff from the unsafe, dangerous, and uninhabitable Subject Property. 26 42. As a direct and proximate result of the foregoing failures and breaches by 27 Defendants, Plaintiff suffered general and special damages. - 10- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL SEVENTH CAUSE OF ACTION PRIVATE NUISANCE (Plaintiff Against All Defendants and DOES 1-10) 43. Plaintiff incorporates and re-alleges, as though fully set forth in this count, each and every preceding Paragraph of this Complaint. 44. Plaintiff took possession of a unit in the Subject Property pursuant to a Contract with Defendants, and resided unit in the Subject Property until Plaintiff was constructively evicted. 45. Defendants created and permitted conditions to exist that were harmful to Plaintiff, offensive to Plaintiff, obstructed Plaintiffs use of property, and interfered with 10 Plaintiffs enjoyment of life and property by Defendants knowingly and negligently exposed Plaintiff to toxic mold in the Subject Property, Defendants knowingly and negligently refused 12 to remediate toxic mold in the Subject Property, Defendants knowingly and negligently refused 13 to repair severe leaks in the Subject Property, Defendants knowingly and negligently exposed 14 Plaintiff to severe leaks in the Subject Property, knowingly and negligently exposed Plaintiff to 15 unsanitary odors emanating into Plaintiff's unit on the Subject Property, Defendants knowingly 16 and negligently refused to remediate unsanitary odors emanating into Plaintiff s unit on the 17 Subject Property, Defendants knowingly and illegally entered the Subject Premises 18 repeatedly without prior notice to Plaintiff in violation of Cal. Civ. Code section 1954 when 19 Plaintiff was inside the Subject Premises terrifying Plaintiff for her safety, Defendants 20 knowingly and negligently exposed Plaintiff to garbage, debris, and unsanitary conditions on the 21 Subject Property, Defendants knowingly and negligently refused to remediate garbage, debris, 22 and unsanitary conditions on the Subject Property, Defendants knowingly and negligently 23 exposed Plaintiff to vermin on the Subject Property, Defendants knowingly and negligently 24 refused to remediate vermin on the Subject Property, Defendants failed to provide plumbing 25 that conformed with applicable law and adequately maintained in working order, Defendants 26 harassed Plaintiff by attempting to influence Plaintiff to vacate the Subject Property through 27 intimidation and coercion in violation of S.F. Admin. Code, Ch. 37, Defendants permitted 28 the Subject Property to deteriorate into a dilapidated, substandard, uninhabitable state in bad faith -11- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL causing Plaintiff severe harm, including, but not limited to, general and special damages, substantial loss of use of property damages, emotional distress and bodily injury, and Defendants constructively evicted Plaintiff from the unsafe, dangerous, and uninhabitable Subject Property. 46. Plaintiff did not consent to Defendants'aid created and permitted conditions. Defendants'aid 47. An ordinary person would be reasonably annoyed and disturbed by created and permitted conditions. 48. Defendants'aid created and permitted conditions were a substantial factor in causing Plaintiff s harm. 10 Defendants'aid 49. conduct. The seriousness of Plaintiffs harm outweighs the public benefit of 12 50. As a direct and proximate result of the breaches and the foregoing conduct 13 by Defendants, Plaintiff suffered general and special damages, including, but not limited to 14 severe emotional distress, and as Defendants'ctions were malicious, fraudulent, and oppressive, 15 and carried out with a conscious disregard of Plaintiffs rights, Plaintiff fruther prays for punitive 16 damages pursuant to California Code of Civil Procedure ( 3294 and Hassoldt v. Patrick Media 17 Group, Inc., (2000) 84 Cal. App. 4th 153.) 18 EIGHTH CAUSE OF ACTION VIOLATION OF S.F. ADMIN. CODE, CH. 37 19 (Plaintiff Against All Defendants and DOES 1-10) 20 51. Plaintiff incorporates and re-alleges, as though fully set forth in this 21 count, each and every preceding Paragraph of this Complaint. 22 52. Plaintiffs tenancy was subject to the provisions of S.F. Administrative Code, 23 Chapter 37 ("S.F. Admin. Code, Ch. 37"). S.F. Admin. Code, Ch. 37 prohibits a landlord or 24 their agent from influencing or attempting to influence a tenant to vacate a rental housing 25 unit through intimidation or coercion; prohibits a landlord or their agent from failing to 26 perform repairs and maintenance required by contract or by State, County, or local housing, 27 health, or safety laws; and prohibits a landlord or their agent from endeavoring to recover 28 -12- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL 1 possession of the subject unit unless a just cause for terminating the tenancy was the 2 landlord's dominant motive. Defendants attempted to influence and did influence Plaintiff 3 to vacate the Subject Property through intimidation and coercion, Defendants knowingly 4 and negligently exposing Plaintiff to severe leaks in the Subject Property, knowingly and 5 negligently exposing Plaintiff to toxic mold in the Subject Property, knowingly and negligently 6 refusing to remediate toxic mold in the Subject Property, knowingly and negligently exposing 7 Plaintiff to unsanitary odors emanating into Plaintiff s unit on the Subject Property, knowingly 8 and negligently refusing to remediate unsanitary odors emanating into Plaintiffs unit on the 9 Subject Property, Defendants knowingly and illegally entered the Subject Premises 10 repeatedly without prior notice to Plaintiff in violation of Cal. Civ. Code section 1954 when 11 Plaintiff was inside the Subject Premises terrifying Plaintiff for her safety, knowingly and 12 negligently failing to provide plumbing that conformed with applicable law and adequately 13 maintained in working order, knowingly and negligently exposing Plaintiff to garbage, debris, 14 and unsanitary conditions on the Subject Property, knowingly and negligently refusing to 15 remediate garbage, debris, and unsanitary conditions on the Subject Property, constructively 16 evicting Plaintiff from the unsafe, dangerous, and uninhabitable unit, and Defendants failing 17 to perform repairs and maintenance required by contract or by State, County, and local 18 housing, health and safety laws, and endeavored to recover possession of the Subject 19 Property for terminating Plaintiffs tenancy. In carrying out said acts and omissions, 20 Defendants wrongfully endeavored to recover possession of the subject unit and did 21 wrongfully take possession of the Subject Property from Plaintiff without justcause. 22 53. Each of Defendants acts and omissions constitute violations of S.F. Admin. 23 Code $ 37.10B, and Defendants acted in knowing violation and with reckless disregard of 24 the protections for Plaintiff contained in S.F. Admin. Code, Ch. 37. 25 54. As a direct and proximate result of the breaches and the foregoing conduct 26 by Defendants, Plaintiff suffered general and special damages, and as Defendants'ctions 27 were malicious, fraudulent, and oppressive, and carried out with a conscious disregard of 28 Plaintiff s rights, Plaintiff further prays for treble damages, attorneys'ees, and punitive damages -13- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL 1 pursuant to S.F. Admin. Code, Ch. 37. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: For all Causes of Action, compensatory damages in an amount to be 5 determined and according to proof at the trial of this action; 2. For all Causes of Action, general damages in an amount to be determined and 7 according to proof at the trial of this action; 3. For all Causes of Action, special damages in an amount to be determined and 9 according to proof at the trial of this action; 10 4. For the Causes of Action for Intentional Infliction of Emotional Distress and 11 Private Nuisance, punitive damages pursuant to California Code of Civil Procedure $ 3294; 12 5. For the Causes of Action of Breach of Contract and Breach of the Covenant of 13 Good Faith and Fair Dealing, attorneys'ees and costs incurred pursuant to the Contract and 14 Civil Code section 1717; 15 17 attorneys'66. For the Cause of Action of Violation of S.F. Admin. Code, Ch. 37, fees and costs pursuant to S.F. Admin. Code; 7. For the Cause of Action of Violation of S.F. Admin. Code, Ch. 37, punitive 18 damages pursuant to S.F. Admin. Code; 19 For the Cause of Action of Violation of S.F. Admin. Code, Ch. 37, treble 20 damages pursuant to S.F. Admin. Code; 21 8. For pre-judgment interest on all sums awarded, at the maximum legal 22 rate; 23 9. For costs of suit herein occurred; and 24 10. For such other and further relief as the Court may deem proper. /// /// /// - 14- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL DEMAND FOR JURY TRIAL Plaintiff hereby demands a jury trial in this case. March 11, 2024 THE LAW OFFICES OF THOMAS W. J. PURTELL THOMAS W. J. PURTELL Attorney for Plaintiff ALEXA WHITE, an individual 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 15- PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL