Preview
Michael C. Cohen, Esq. (State Bar No. 65487)
John Holman, Esq. (State Bar No. 176947)
LAW OFFICES OF MICHAEL C. COHEN
101 Broadway Street
Gal&land, CA 94607
Telephone: (510) 832-6436
Facsimile: (510) 832-6439
Email: mcohen@cohenlegalfirm.corn
j holman@cohenlegalfirm. corn
Attorneys for Plaintiffs
GENOA KIMBROUGH, AHMAD DUNN, a minor, ANSEL DUNN, a minor
IN THK SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF ALAMEDA
12 Case No.:
GENOA KIMBROUGH, AHMAD DUNN, a
13 minor, by and through Guardian ad Litem, and
ANSEL DUNN, a minor, by the through COMPLAINT FOR DAMAGES FOR:
14 Guardian ad Litem, VIOLATION OF OAKLAND TENANT
1.
15 Plaintiffs, PROTECTION ORDINANCE;
2. VIOLATION OF CIVIL CODE 51942.4)
16 vs. $ 1942.5;
3. NKGLIC ENCE;
17 4. VIOLATION OF CIVIL CODE 55 1941,
COLISEUM TRANSIT VILLAGE ONE, LP, 1941.1;
18 MICHAEL JOHNSON, URBANCORE 5. HEALTH & SAFETY CODE $ 17209.3;
DEVELOPMENT, LLC; FPI 6. NUISANCE;
19 MANAGEMENT INC., DOES 1-25, 7. BREACH OF WRITTKN CONTRACT)
inclusive, 8, BREACH OF IMPLIED IN FACT
20 CONTRACT;
Defendants. 9. BREACH OF IMPLIED WARRANTY
21 OF HABITABILITY
10. BREACH OF THK COVENANT OF
22 QUIET USE AND ENJOYMENT;
11. VIOLATION OF RELOCATION
23
ORDINANCE;
24
DEMAND FOR JURY
25
26
27
28
-1-
COMPLAINT FOR DAMAGES
GENERAL ALLEGATIONS
2 Plaintiffs allege as follows:
3 1. Plaintiff GENOA KIMBROUGH is at all times mentioned herein a competent adults
4 who resided at 805 71" Avenue 11406, Oakland, California 94621 (herein "subject property" ),
5 2. Plaintiffs AHMAD DUNN and ANSEL DUNN is at all times a minor and will be
6 represented by his Guardian ad Litem.
7 3. Plaintiffs moved into the subject propetty on or about Aprtl 27, 2022, pursuant to a
8 written lease agreement with Defendant Colisemn Transit Village One, LP. They resided in the property
continuously through the present. The subject propetty was at all times Plaintiffs'rtmary
residence.
9
10 4. Plaintiffs are infortned and believe and thereon allege that at all times mentioned herein,
11 Defendant Coliseum Transit Village One, LP, is a limited partnership, doing business in Alameda
12 County, State of California.
13 5. Plaintiffs are further informed and believe and thereon allege that at all times mentioned
herein, Defendant Coliseum Transit Village One, LP., is the owner of the property, and or manager
of
14
15 the property and or landlord, at all times mentioned herein.
16 6. Plaintiffs are further informed and believe and therein allege that at all times mentioned
herein, Defendant Michael Johnson is the owner of the subject property, and or manager of the
subject
17
Urbancore Development,
18 property and or landlord and the owner and or managing agent of Defendant
19 LLC.
20 7. Plaintiffs are further informed and believe and therein allege that at all times mentioned
21 herein, Defendant Urbancore Development, LLC is a limited liability corporation.
22 8. Plaintiffs are informed and believe and thereon allege that Michael Johnson, and or
23 Urbancore Development, LLC is contractually obligated to manage the subject property, and maintain
conditions of the
24 the subject property in a habitable condition and or to repair and or replace defective
25 subject property.
26 9. Plaintiffs are informed and believe and thereon allege that at all times mentioned herein,
believe
27 FPI Management, Inc. is the manager of the subject property. Plaintiffs are further informed and
a contract
28 and thereon allege that at all times mentioned herein, FPI Management, Inc, was a party to
-2-
COMPLAINT FOR DAMAGES
1 with the owner and or landlord of the subject property that obligated FPI Management, Inc. to manage
2 the subject property, maintain the subject property in a habitable condition, and repair or replace
3 defective conditions of the subject propertyA
4 10. Plaintiffs are informed and believe and thereon allege that at all times mentioned herein,
5 Defendant FPI Management, Inc. is a corporation.
6 11, Plaintiffs are informed and believe and thereon allege that at all times herein Does 1-25
7 either own, maintain, manage and or control the subject property. Plaintiffs do not personally know the
8 true names and capacities of the Defendants sued herein as Does 1 through 25, inclusive. Plaintiffs will
as soon
9 seek leave of court to amend this complaint to allege said Defendants'ue names and capacities
10 as Plaintiffs ascertain them.
11 12. At all relevant times, each Defendants acted as an authorized agent, employee or other
12 representative of each other Defendant. Each act of Defendants complained of herein was committed
13 within the scope of said agency, employment or other representation, and each act was ratified by each
14 other Defendant. Each Defendant is liable, in whole or in part, for the damages and injuries Plaintiffs
15 suffered.
16 13. This court is proper because the subject property is located in the City of Oakland, county
17 of Alameda, state of Califottiia, and the conduct complained about and damages occurred in the county
18 of Alameda, state of California.
19 14. Plaintiffs are informed and believe, and thereon allege, that at all relevant umes,
1-
20 Defendants Coliseum Transit Village One, LP, Michael Johnson, Urbancore Development and Does
21 25, at all times referred to herein, were in control of the property and acted as the subject property
22 managers and owners of the subject property during the time of Plaintiffs'enancy of the subject
23 property and conducted acts herein.
24 15. Defendants, and each of them, by and through their agents and or employees, negligently,
the
25 managed, maintained and or controlled the subject property while Plaintiffs were tenants residing in
26 subject property,
27 16. The landlord and or Defendants, and each of them, negligently hired, trained and or
28 supervised employees and or agents to manage, repair conditions, maintain the subject property and
-3-
COMPLAINT FOR DAMAGES
I building in which Plaintiffs resided, while Plaintiffs were tenants in the subject property.
2 17. Plaintiffs reasonably believed the subject propeity was in habitable condition when into
the subject propeity. It was only after Plaintiffs moved into the subject property they
discovered that
3
4 the subject property was not in a habitable condition.
5 18. During the time Plaintiffs resided at the property there was no working air conditioning
who
6 or heater. On or about November 29, 2022, Plaintiffs made a complaint to the property manager
7 indicated that the system would be fixed. A filter was changed out but the system continued not to work.
Plaintiffs had to use the stove for heat for over 6 months. There are also cracks in the walls
which and
8
9 the carpet was worn. Defendants failed to repair despite Plaintiffs requests.
10 19, Plaintiffs allege that while tenants at the subject property, many essential featmes of the
time
11 subject property were not in working order and have not been repaired or fixed within a reasonable
12 after Plaintiff notified Defendants, their agents and or employees.
13 20. During the time Plaintiffs resided at the subject property there were several habitability
14 issue that existed including, but not limited to, non-working heating and air conditioning system,
15 homeless living in the stainvell, trash and clutter in the garage, the smell of urine and human feces, mice
and ants as a result of the trash build-up, and lack of adequate security all of which Plaintiffs
notified
16
17 Defendants of the conditions and were not repaired in a reasonable time.
18 21. Defendants, and each of them, failed to tal&e all reasonable action to cure and or correct
19 the defective condirions within a reasonable time after learning of the existence of the defective
20 conditions.
21 22. Defendants, and each of them, negligently failed to complete repairs within a reasonable
22 peidod of time after beginning to make repairs.
23 23. Defendants, and each of them, further negligently failed to enforce the non-smoking mle;
on the
24 negligently failed to maintain the elevators; negligently allowed persons to smoke marijuana
25 subject property; negligently failed to maintain the internet service; negligently failed to clean the subject
failed to
26 property and failed to take reasonable action to ensure the safety of the tenants; negligently
27 maintain the garage door operation; negligently failed to maintain mailbox security; negligently failed to
28 maintain the plumbing and electrical systems.
-4-
COMPLAINT FOR DAMAGES
in the property
1 24. The defective HVAC unit in the subject property caused mold to grow
and each of them, negligently
2 which many of the tenants complained about to Defendants. Defendants,
failed to remove the mold from the property within a reasonable period of
time.
3
clean and
4 25, Defendants, and each of them, failed to keep the common areas of the property
sanitary; failed to remove hash from the property; failed to
maintain the garage and plumbing in the
5
6 property; and failed to maintain electricity in the subject property.
2023 because of
7 26. Plaintiffs were displaced from the property on or about January 1,
Plaintiffs are informed and believe
8 flooding in the garage and lacl& of electrical service in the property.
a relocation fee in compliance
9 and thereon allege that Defendants, and each of them, failed to pay them
10 with local and state law requirements.
the tenants in
11 27, Plaintiffs further are informed and believe and thereon allege that many of
Department about the defective
12 the subject property complained to the City of Oakland Building
and timely repairs.
13 conditions and Defendants, and each of them, failed to make adequate
and each of them,
14 28. Plaintiffs are informed and believe and thereon allege that Defendants,
after failing to comply with
15 continued to demand and collect rent from Plaintiffs for the subject property
defective conditions of the subject
16 the City of Oakland Building Department's demand to correct the
17 property, in violation of California Civil Code $ 1942.4,
Plaintiffs allege on information and believe that Defendants, and
each of them, are
18 29.
notice to Defendants to abate
19 retaliating against them for demanding their rights as tenants and providing
20 the nuisances,
caused
21 30. Plaintiffs have suffered, and Defendants'rongful conduct has proximately
22 general damages including pain, emotional distress, loss of use
of the property and loss of quiet
decrease in services, and failure to
23 enjoyment of the Property as a result of Defendants'arassment,
24 make necessaty repairs.
25
Plaintiffs'6 31. Defendants and each of them, owed Plaintiffs a duty of care to avoid injuring
person and property. By failing to make the necessary repairs in a
timely and proper manner and or
retaliating against Plaintiffs for making repair requests are all violations of
the Oaldand Tenant Protection
27
Plaintiffs to suffer, including,
28 Ordinance. Defendants breached their duty of care to Plaintiffs, caused
-5-
COMPLAINT FOR DAMAGES
1 without limitation, actual damages, emotional disness, and attorneys'ees.
exclusive use
2 32. As a direct and proximate result of Defendants'onduct, Plaintiffs lost the
3 and quiet enjoyment of the Property.
Plaintiffs suffered
4 33, As a direct and proximate result of Defendants'ntentional conduct,
and annoyance; a substantial reduction in
5 Injury, including, without limitation: substantial discomfott
distress; and the Incurring of
6 housing services, reduced enjoyment of the Property; pain, great emotional
all to their damage in an amount not yet determined, The value of
Plaintiffs'amages
7 attorneys'ees,
8 will be presented at trial,
defects existed
9 34. During Plaintiffs'enancy at the subject property, substantial habitability
10 in Plaintiffs'arious rental units and about the premises which together and individually constituted
Health & Safety Code
11 violations of applicable housing laws, including, but not limited to Califotuia
1942.5 and 3479 and various
12 I'I17920, et seq., and I'I26147; California Code I'II'I 1941, 1941.1, 1941.7,
Ordinance.
13 Municipal Code Sections including, but not limited to, Oaldand Tenant Protection
616 held
14 35. The Califonua Supreme Court, in Green v. Superior Court (19741 10 CaL3d
15 that there is an implied warranty of habitability in all rental agreements.
all of the
16 36. The defective conditions in the subject property include, without limitation,
17 allegations set forth in paragraph 12 above.
or
18 37. The uninhabitable conditions described herein were not caused by the wrongful
19 abnormal use of the subject property by Plaintiffs or anyone acting under their authority.
defective
20 38. Defendants, and each of them, had actual and or constructive knowledge of the
correct the defects
21 conditions as alleged herein. Despite this knowledge, Defendants failed and refused to
22 in a reasonable period of time,
23
Plaintiffs'439. Defendants, and each of them, owed Plaintiffs a duty of care to avoid injuring
person and property, By failing to redress the conditions described herein
within a reasonable period of time, with knowledge of the existence of such
in a reasonable manner and
conditions, Defendants
25
without limitation,
26 breached their duty of care to Plaintiffs, caused Plaintiffs to suffer injury, including,
27 pain and emotional distress, and caused Plaintiffs to incur
attorneys'ees.
the exclusive use
28 40. As a direct and proximate result of Defendants'onduct, Plaintiffs lost
-6-
COMPLAINT FOR DAMAGES
and quiet enjoyment of the subject property.
41. As a direct and proximate result of Defendants'reach of said warranties and covenants,
Plaintiffs suffered injury, including, without limitation: substantial discomfoit and annoyance; a
substantial reduction in housing services guaranteed by the Lease; reduced enjoyment of the subject
property; a payment of excessive rent; great emotional distress; and the incurring of
attorneys'ees, all
to their damage in an amount not yet determined.
42. Plaintiff is informed and believes and thereon alleges that Defendants acted with reckless
disregard to Plaintiffs'ell-being and their rights by attempting to force them out of the subject premises
through harassment, intimidation, decreased services and failure to properly and timely make repairs.
10 Defendants'onduct Defendants is despicable, and they acted with malice and oppression, Plaintiffs are
therefore enfitled to punitive damages.
12 43. Plaintiffs hereby demands a jury trial.
13 FIRST CAUSE OF ACTION
14
Violation of Oakland Tenant Protection Ordinance
(Against All Defendants)
15
44. Plaintiffs allege and incorporate the foregoing allegations in paragraphs 1-43 as if fully
16
set forth herein,
17
45. Plaintiffs are tenants of the subject propeity as set forth more fully above. Defendants,
18
as the owners and managers of the subject property, violated Oakland Tenant Protection Ordinance as
19
set forth above. Defendants breached their duty of care to Plaintiffs, caused Plaintiffs to suffer injury,
20
including, without limitation, actual damages, pain and suffering, emotional distress, and attorneys'ees.
21
46. Plaintiffs satisfied the notice requirement of the Oakland Tenant Protection before filing
22
this lawsuit.
23
47. Defendants, and each of them, by doing the acts alleged herein failed to provide housing
24
services required by contract or by statute, county or municipal housing, health and safety laws, or
25
threatened to do so; failed to perform repairs and maintenance required by contract or by state, county or
26
municipal housing, health and safety laws; failed to exercise due diligence in completing repairs and
27
maintenance once undertaken or failed to follow appropriate industry repair, containment or remediation
28
protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building
-7-
COMPLAlNT FOR DAMAGES
Plaintiffs to vacate the property
I materials with potentially harmful health impacts; attempted to influence
directly interfered with Plaintiffs;
2 through failure to make timely or adequate repairs; substantially and
defined by California law pursuant to
3 right to quiet use and enjoyment of the property as that right
4 Ij822.640(A)(I), (4), (6), (9), (10), (11), (12), (13) & (15).
air conditioning
5 48. During the time Plaintiffs resided at the property there was no worldng
complaint to the property manager who
6 or heater, On or about November 29, 2022, Plaintiffs made a
continued not to work.
7 indicated that the system would be fixed, A filter was changed out but the system
cracks in the walls which and
8 Plaintiffs had to use the stove for heat for over 6 months. There are also
requests.
9 the carpet was worn. Defendants failed to repair despite Plaintiffs
the
10 49. Plaintiff requested Defendants and or Defendants'gent and or employee to repair
issues related to homeless people sleeping
11 property including the heating and air systems and to abate the
to enforce the non-smolung
12 inside the stahwells, urine and feces smell, trash build-up in the garage, and
reasonable opportunity to correct the
13 policy of the property, Defendants, and each of them, had a
of the defective
14 unhabitable conditions, but failed to take all reasonable action to rid the propeity
15 conditions with a reasonable amount of time,
each of them,
16 50. Plaintiffs are informed and believe and thereon allege that Defendants, and
17
Defendants'8
acted in bad faith, with malice, fiaud or oppression when doing the
acts alleged herein.
violations further entitle Plaintiffs to treble damages, reasonable attorneys'ees
and injunctive relief.
Protection
19 51, Defendants engaged in a pattern and practice of violating the Tenant
8.22.670 (A)(2) to
20 Ordinance and therefore Plaintiffs are exercising her authority pursuant to OMC $
21 enforce the Tenant Protection Ordinance through civil action.
22 SECOND CAUSE OF ACTION
23
8
Violation of California Civil Code 1942.4 and 1942.5
(Against All Defendants)
24 1-51 as if fully
52. Plaintiffs allege and incorporate the foregoing allegations in paragraphs
25
set forth herein.
26 Johnson, and
The conduct of Defendant Coliseum Transit Village One, LP, Michael
27 California Civil Code
Urbancore Development inclusive, and each of them, alleged herein, violates
tj1942.4,
-8-
COMPLAINT FOR DAMAGES
54, Plaintiffs are infoimed and believe and thereon allege that the City of Oakland, mailed
Defendants or their agents a written notice of the uninhabitable conditions of the property and building
and required the landlord or Defendants to make repairs and cure defective conditions
of the property
and cure code violations pertaining to the property within a specified time period.
55. Plaintiffs are informed and believe and thereon allege that the landlord or Defendants
or within 35
failed to correct the defective conditions within the specified &ne period in the notice and
days of the date the notice was mailed to Defendants.
56, The landlord or Defendants continued to demand rent from Plaintiffs and collect rent
and or
from Plaintiffs after failing to comply with the City of Oakland's requirement to repair or replace
10 correct the defective condinons of the property.
57. During the time Plaintiffs resided at the property there was no working air conditioning
or heater. On or about November 29, 2022, Plaintiffs made a complaint to the propeity
manager who
12
indicated that the system would be fixed. A filter was changed out but the system continued
not to work.
13
which and
14 Plaintiffs had to use the stove for heat for over 6 months. There are also cracks in the walls
15 the carpet was worn. Defendants failed to repair despite Plaintiffs requests,
16 58. The violation of California Civil Code II 1942.4, by the landlord, and or Coliseum Transit
caused
17 Village One, LP, Michael Johnson and Urbancore Development, LLC, inclusive, proximately
Plaintiff injury and harm, including but not limited to pain and emotional suffering, emotional suffering,
and
19 emotional distress, worry, anxiety, annoyance and discomfort, denied Plaintiffs the quiet use
to
20 enjoyment of the property, caused Plaintiffs to pay more rent than they were legally obligated pay,
caused Plaintiffs to pay more rent than the fair rental value of the propeity, caused Plaintiffs
to retain an
21
22 attorney and incur attorney fees and court costs.
23 59. Plaintiffs are further informed and believe and thereon allege that Defendants, and each
of
24 of them, did the acts alleged herein, including but not limited to failing to repair defective conditions
rent fiom
25 the property in a habitable condition, maintain the property in a habitable condition, demanded
Plaintiffs or collected rent from Plaintiffs, to retaliate against Plaintiffs because Plaintiffs
complained
26
about defective conditions in the property and or because of Plaintiffs'eacefully exercise of
their legal
28 rights.
-9-
COMPLAINT FOR DAMAGES
1 60. Plaintiffs are informed and believe and thereon allege that the landlord or Defendants,
2 and each of them, did the acts alleged herein within one hundred eighty (180) days after Plaintiffs
3 complained to Defendants about the defective condition of the property and requested defendants to
4 repair the defective condition, the landlord and or Defendants retaliated against Plaintiffs, as alleged
5 herein.
6 61. The landlord and or Defendants violation of California Civil Code tj1942.5 proximately
7 caused Plaintiffs injmy and harm, including but not limited to pain and suffering, emotional distress,
8 annoyance and discomfort, denied Plaintiffs the quiet use and enjoyment of the property, caused
9 Plaintiffs to pay more than the reasonable rental value of the property, caused Plaintiffs to pay rent that
10 they were not legally obligated to pay, caused Plaintiffs to retain an attorney and incur attorney fee and
I1 court costs.
12 62. The landlord and Defendants Coliseum Transit Village One, LP, Michael Johnson and
13 Urbancore Development, LLC inclusive, and each of them, acted willfully, intenfionally and with bad
14 faith, with a reckless disregard for Plaintiffs'ights when doing the acts alleged herein.
15 63. The landlord or Defendants Coliseum Transit Village One, LP, Michael Johnson and
16 Urbancore Development, LLC inclusive, and each of them, acted with malice, fraud or oppression when
17 doing the acts alleged herein, Their conduct was despicable and outrageous,
18 THRID CAUSE OF ACTION
Negligence
19
(Against all Defendants)
20 64. Plaintiffs allege and incorporate the foregoing allegations in paragraphs 1-63 as if fully
set forth herein.
22 65. Plainfiffs are informed and believes, and thereon alleges that at all relevant times,
Defendants and each of them were the owners and managers of the Property and controlled the Propetty,
and each of them owed a duty to Plaintiffs to provide a clean, safe and quiet premise fic from conduct
to force her out of the subject property.
66. Plaintiffs were tenants in the subject propetty as set forth more fully above. Defendants,
and each of them, breached their duty to Plaintiffs by wrongfully acting or failing to act so as to
reasonably maintain the subject property and make reasonable and necessary repairs to the subject
-10-
COMPLAINT FOR DAMAGES
I property to protect Plaintiffs fiom the dangerous conditions of the subject propeity, decreasing the
2 services of the subject property and intimating Plaintiffs with eviction all in an effort to force Plaintiffs
3 as long-time tenants from the subject property.
4 67. Defendants negligently maintained, managed and or controlled the subject property and
5 negligently failed to repair defective conditions at the subject property within a reasonable period of time
6 while Plaintiffs were renting the subject propeity.
7 68. During the time Plaintiffs resided at the property there was no working air conditioning
8 or heater. On or about November 29, 2022, Plaintiffs made a complaint to the property manager who
9 indicated that the system would be fixed, A filter was changed out but the system continued not to work,
10 Plaintiffs had to use the stove for heat for over 6 months. There are also cracks in the walls which and
11 the carpet was worn, Defendants failed to repair despite Plaintiffs requests.
12 69. The negligence of Defendants proximately caused Plaintiff to suffer general and
13 economic injury, experience serious emotional distress, lose the exclusive use and quiet enjoyment of
14 the Property, overpayment of rent and reasonable attorneys'ees.
15
FIFTH CAUSE OF ACTION
16
8
Violation California Civil Code 1941 and 1941.1
of
17 (Against All Defendants)
18
70, Plaintiffs allege and incorporate the foregoing allegations in paragtaphs 1-70 as if fully
I9 set forth herein.
20 71. Defendants owe a duty to Plaintiffs under California law to maintain the subject property
in a tenantable condifion fit for human occupancy.
22 72. Defendants, through their wrongful acts and omissions, failed to maintain the subject
23 property in a tenantable condition in violation of their statutory duties set forth in California Civil Code
$$ 1941 and 1941.1.
25 73. Defendants, and each of them, had actual or constmctive knowledge of the housing
violations at the subject propeity. During the time Plaintiffs have resided at the Propeity, the heating and
27 air conditioning system was nonoperational, homeless were living in the stairwell, there was trash and
clutter in the garage, there was the smell of urine and human feces, there were mice and ants as a result
-11-
COMPLAINT FOR DAMAGES
of the trash build-up, and lack of adequate security all of which Plaintiffs notified Defendants of the
conditions and were not repaired in a reasonable time.
74, During the time Plaintiffs resided at the property there was no working air conditioning
or heater. On or about November 29, 2022, Plaintiffs made a complaint to the property manager who
indicated that the system would be fixed. A filter was changed out but the system continued not to worl&.
Plaintiffs had to use the stove for heat for over 6 months. There are also cracks in the walls which and
the carpet was worn. Defendants failed to repair despite Plaintiffs requests.
75. The housing violations at the subject property continue to exist and have not been
corrected within a reasonable manner or period of time after Defendant received notice. The defective
10 conditions at the subject property were not caused by any act or omission of Plaintiffs,
76, The conduct of Defendants, and each of them, proximately caused Plaintiff to suffer
12 general and economic injury, expeidence serious emotional distress, lose the exclusive use and quiet
13 enjoyment of the Property and lost economic benefits.
14 SEVENTH CAUSE OF ACTION
Nuisance
15
(Against all Defendants)
16 77. Plaintiffs re-allege and incorporate the foregoing @legations in paragraphs 1-77 as if fully
set foith herein.
18 78, Defendants'rongful conduct or failure to act as alleged herein injured Plaintiffs'afety
19 and health, offended their senses and substantially interfered with the use, occupancy and enjoyment of
20 the Property, During the time Plaintiffs have resided at the Propeity, the heating and air condinoning
21 system was nonoperational, homeless were living in the stahmell, there was trash and clutter in the
22 garage, there was the smell of urine and human feces, there were mice and ants as a result of the trash
23 build-up, and lack of adequate security all of which Plaintiffs notified Defendants of the conditions and
24 were not repaired in a reasonable time.
25 79. Defendants'onduct alleged herein created and or constitutes a private nuisance as in and
26 about the property, in violation of Civil Code tjtj 3479, 3481.
27 80. As a result of Defendants'rongful acts and omissions, Plaintiffs suffered pain,
28 emotional distress, worry, anxiety, loss of the use and quiet enjoyment of the subject propeity, and
-12-
COMPLAINT FOR DAMAGES
foreseeable consequential damages.
81, Plaintiffs are informed and believe and thereon allege that Defendants acted with reckless
disregard to Plaintiffs'ell-being and their idghts by to force them out of the subject premises as long
term tenants through intimidation, threats, decreased services and failure to make repairs in a timely or
proper manner. Defendants'onduct Defendants is despicable, and they acted with malice and
oppression. Plaintiffs are therefore entitled to punitive damages.
SEVENTH CAUSE OF ACTION
Breach of Written Contract
(Against All Defendants)
10 82, Plaintiffs re-allege and incoiporate the foregoing allegations in paragraphs 1-82 as if fully
set forth herein.
12 83. Plaintiffs have at all relevant times reasonably perfoimed all of the terms and conditions
13 and promises they were required to perform based on the terms and conditions of the Lease, except for
14 the promises they are excused fiom perfoiming because of Defendants'onduct, if any.
15 84. Defendants breached the terms and conditions of the Lease by doing the acts complained
16 about and facility to reasonably maintain the subject property in a habitable condition. During the time
17 Plaintiffs have resided at the Propeity, the heating and air conditioning system was nonoperational,
18 homeless were living in the stairwell, there was trash and clutter in the garage, there was the smell of
19 urine and human feces, there were mice and ants as a result of the trash build-up, and lack of adequate
20 security all of which Plaintiffs notified Defendants of the conditions and were not repaired in a reasonable
21 time.
85. As a direct and proximate cause of Defendants'reach of the Lease, Plaintiffs suffered
23 damages including, without limitation, loss of use and enjoyment of the subject property, over-paid rent
24 for the use and occupancy of the subject property and incuned attorneys'ees.
25
EIGHTH CAUSE OF ACTION
26 Breach of Contract Implied-in-Fact
(Against all Defendants)
27
86, Plaintiffs allege and incorporate the foregoing allegations contained in paragraphs 1-85
-13-
COMPLAINT FOR DAMAGES
as if fully set forth herein.
87. Based on the conduct of the paities alleged herein, Plaintiffs and Defendants, and each
of them, entered into a contract implied-in-fact.
88. The conduct of Plaintiffs and Defendants alleged herein gave rise to an implied-in-fact
contract that Plaintiff would pay Defendants for the use of the subject property as their residence. In
return, Defendants would provide Plaintiffs with the exclusive use and occupancy of the subject propetty
and that Defendants would reasonably maintain the subject propeity in a habitable condition during
Plaintiffs'enancy and occupancy of the subject property.
89. Plaintiffs at all relevant times paid rent for the exclusive use and occupancy of the subject
10 property.
90. Defendants, and each of them, failed to reasonably maintain the subject property in a
12 habitable condition by wrongfully acting and failing to act as alleged herein.
13 91. Defendants breached the implied-in-fact contract by wrongfully acting or failing to act
14 as alleged herein, including, without limitation, failing to reasonably maintain the subject property in a
15 habitable condition and make reasonable repairs in a reasonable manner within a reasonable amount of
16 time. During the time Plaintiffs have resided at the Propeity, the heating and aii condiuoning system
17 was nonoperational, homeless were living in the stairwell, there was trash and clutter in the garage, there
was the smell of uidne and human feces, there were mice and ants as a result of the trash build-up, and
19 lack of adequate security all of which Plaintiffs notified Defendants of the conditions and were not
20 repaired in a reasonable time.
21 92. Defendants'reach of the implied-in-fact contract proximately caused Plaintiffs to suffer
22 injury, including, without limitation, suffering personal injuiy and deterioration of health; losing the
23 exclusive use and quiet enjoyment of the subject propeity; over-paying rent'nd incurring reasonable
24 attorneys'ees.
25 93. Defendants'reach of the implied-in-fact contract also caused Plaintiffs to suffer
26 economic damages and lose the quiet enjoyment of the subject property.
27
28
- 14-
COMPLAINT FOR DAMAGES
NINTH CAUSE OF ACTION
Breach of the Implied Warranty of Habitability
(Against all Defendants)
94. Plaintiffs allege and incorporate the foregoing agegations in paragraphs 1-93 as if fully
set forth herein.
95. At all times referred to herein, Plaintiffs were the tenants of the subject property and
Defendants were the owners and managers during the relevant times as set forth herein.
96, Beginning in or about August 2019 to July 2023, Defendants demanded monthly rent
from Plaintiffs in consideration of Plaintiffs having the exclusive use and occupancy of the subject
property,
10 97. Defendants breached the implied warranty of habitability by wrongfully acting or failing
to act as alleged herein, including, without limitation, failing to reasonably maintain the subject property
12 in a habitable condition and make reasonable repairs in a reasonable manner within a reasonable amount
13 of time. During the time Plaintiffs have resided at the Property, the heahng and air conditioning system
14 was nonoperational, homeless were living in the stairwell, there was trash and clutter in the garage, there
15 was the smell of urine and human feces, there were mice and ants as a result of the trash build-up, and
16 lack of adequate security all of which Plaintiffs notified Defendants of the conditions and were not
17 repaired in a reasonable time, the heating and air conditioning system was nonoperational, homeless
18 were living in the stainvell, there was trash and clutter in the garage, there was the smell of urine and
19 human feces, there were mice and ants as a result of the trash build-up, and lack of adequate security all
20 of which Plaintiffs notified Defendants of the conditions and were not repaired in a reasonable time,
21 98. Defendants'reach of the implied warranty of habitability proximately caused Plaintiffs
22 to suffer injury, including, without limitation, suffering personal injuiy and deterioration of health; losing
23 the exclusive use and quiet enjoyment of the subject property; overpaying rent; and incundng reasonable
24 attorneys'ees.
25 TENTH CAUSE OF ACTION
26
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Michael C. Cohen, Esq. (State Bar No. 65487) John Holman, Esq. (State Bar No. 176947) LAW OFFICES OF MICHAEL C. COHEN 101 Broadway Street Gal&land, CA 94607 Telephone: (510) 832-6436 Facsimile: (510) 832-6439 Email: mcohen@cohenlegalfirm.corn j holman@cohenlegalfirm. corn Attorneys for Plaintiffs GENOA KIMBROUGH, AHMAD DUNN, a minor, ANSEL DUNN, a minor IN THK SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF ALAMEDA 12 Case No.: GENOA KIMBROUGH, AHMAD DUNN, a 13 minor, by and through Guardian ad Litem, and ANSEL DUNN, a minor, by the through COMPLAINT FOR DAMAGES FOR: 14 Guardian ad Litem, VIOLATION OF OAKLAND TENANT 1. 15 Plaintiffs, PROTECTION ORDINANCE; 2. VIOLATION OF CIVIL CODE 51942.4) 16 vs. $ 1942.5; 3. NKGLIC ENCE; 17 4. VIOLATION OF CIVIL CODE 55 1941, COLISEUM TRANSIT VILLAGE ONE, LP, 1941.1; 18 MICHAEL JOHNSON, URBANCORE 5. HEALTH & SAFETY CODE $ 17209.3; DEVELOPMENT, LLC; FPI 6. NUISANCE; 19 MANAGEMENT INC., DOES 1-25, 7. BREACH OF WRITTKN CONTRACT) inclusive, 8, BREACH OF IMPLIED IN FACT 20 CONTRACT; Defendants. 9. BREACH OF IMPLIED WARRANTY 21 OF HABITABILITY 10. BREACH OF THK COVENANT OF 22 QUIET USE AND ENJOYMENT; 11. VIOLATION OF RELOCATION 23 ORDINANCE; 24 DEMAND FOR JURY 25 26 27 28 -1- COMPLAINT FOR DAMAGES GENERAL ALLEGATIONS 2 Plaintiffs allege as follows: 3 1. Plaintiff GENOA KIMBROUGH is at all times mentioned herein a competent adults 4 who resided at 805 71" Avenue 11406, Oakland, California 94621 (herein "subject property" ), 5 2. Plaintiffs AHMAD DUNN and ANSEL DUNN is at all times a minor and will be 6 represented by his Guardian ad Litem. 7 3. Plaintiffs moved into the subject propetty on or about Aprtl 27, 2022, pursuant to a 8 written lease agreement with Defendant Colisemn Transit Village One, LP. They resided in the property continuously through the present. The subject propetty was at all times Plaintiffs'rtmary residence. 9 10 4. Plaintiffs are infortned and believe and thereon allege that at all times mentioned herein, 11 Defendant Coliseum Transit Village One, LP, is a limited partnership, doing business in Alameda 12 County, State of California. 13 5. Plaintiffs are further informed and believe and thereon allege that at all times mentioned herein, Defendant Coliseum Transit Village One, LP., is the owner of the property, and or manager of 14 15 the property and or landlord, at all times mentioned herein. 16 6. Plaintiffs are further informed and believe and therein allege that at all times mentioned herein, Defendant Michael Johnson is the owner of the subject property, and or manager of the subject 17 Urbancore Development, 18 property and or landlord and the owner and or managing agent of Defendant 19 LLC. 20 7. Plaintiffs are further informed and believe and therein allege that at all times mentioned 21 herein, Defendant Urbancore Development, LLC is a limited liability corporation. 22 8. Plaintiffs are informed and believe and thereon allege that Michael Johnson, and or 23 Urbancore Development, LLC is contractually obligated to manage the subject property, and maintain conditions of the 24 the subject property in a habitable condition and or to repair and or replace defective 25 subject property. 26 9. Plaintiffs are informed and believe and thereon allege that at all times mentioned herein, believe 27 FPI Management, Inc. is the manager of the subject property. Plaintiffs are further informed and a contract 28 and thereon allege that at all times mentioned herein, FPI Management, Inc, was a party to -2- COMPLAINT FOR DAMAGES 1 with the owner and or landlord of the subject property that obligated FPI Management, Inc. to manage 2 the subject property, maintain the subject property in a habitable condition, and repair or replace 3 defective conditions of the subject propertyA 4 10. Plaintiffs are informed and believe and thereon allege that at all times mentioned herein, 5 Defendant FPI Management, Inc. is a corporation. 6 11, Plaintiffs are informed and believe and thereon allege that at all times herein Does 1-25 7 either own, maintain, manage and or control the subject property. Plaintiffs do not personally know the 8 true names and capacities of the Defendants sued herein as Does 1 through 25, inclusive. Plaintiffs will as soon 9 seek leave of court to amend this complaint to allege said Defendants'ue names and capacities 10 as Plaintiffs ascertain them. 11 12. At all relevant times, each Defendants acted as an authorized agent, employee or other 12 representative of each other Defendant. Each act of Defendants complained of herein was committed 13 within the scope of said agency, employment or other representation, and each act was ratified by each 14 other Defendant. Each Defendant is liable, in whole or in part, for the damages and injuries Plaintiffs 15 suffered. 16 13. This court is proper because the subject property is located in the City of Oakland, county 17 of Alameda, state of Califottiia, and the conduct complained about and damages occurred in the county 18 of Alameda, state of California. 19 14. Plaintiffs are informed and believe, and thereon allege, that at all relevant umes, 1- 20 Defendants Coliseum Transit Village One, LP, Michael Johnson, Urbancore Development and Does 21 25, at all times referred to herein, were in control of the property and acted as the subject property 22 managers and owners of the subject property during the time of Plaintiffs'enancy of the subject 23 property and conducted acts herein. 24 15. Defendants, and each of them, by and through their agents and or employees, negligently, the 25 managed, maintained and or controlled the subject property while Plaintiffs were tenants residing in 26 subject property, 27 16. The landlord and or Defendants, and each of them, negligently hired, trained and or 28 supervised employees and or agents to manage, repair conditions, maintain the subject property and -3- COMPLAINT FOR DAMAGES I building in which Plaintiffs resided, while Plaintiffs were tenants in the subject property. 2 17. Plaintiffs reasonably believed the subject propeity was in habitable condition when into the subject propeity. It was only after Plaintiffs moved into the subject property they discovered that 3 4 the subject property was not in a habitable condition. 5 18. During the time Plaintiffs resided at the property there was no working air conditioning who 6 or heater. On or about November 29, 2022, Plaintiffs made a complaint to the property manager 7 indicated that the system would be fixed. A filter was changed out but the system continued not to work. Plaintiffs had to use the stove for heat for over 6 months. There are also cracks in the walls which and 8 9 the carpet was worn. Defendants failed to repair despite Plaintiffs requests. 10 19, Plaintiffs allege that while tenants at the subject property, many essential featmes of the time 11 subject property were not in working order and have not been repaired or fixed within a reasonable 12 after Plaintiff notified Defendants, their agents and or employees. 13 20. During the time Plaintiffs resided at the subject property there were several habitability 14 issue that existed including, but not limited to, non-working heating and air conditioning system, 15 homeless living in the stainvell, trash and clutter in the garage, the smell of urine and human feces, mice and ants as a result of the trash build-up, and lack of adequate security all of which Plaintiffs notified 16 17 Defendants of the conditions and were not repaired in a reasonable time. 18 21. Defendants, and each of them, failed to tal&e all reasonable action to cure and or correct 19 the defective condirions within a reasonable time after learning of the existence of the defective 20 conditions. 21 22. Defendants, and each of them, negligently failed to complete repairs within a reasonable 22 peidod of time after beginning to make repairs. 23 23. Defendants, and each of them, further negligently failed to enforce the non-smoking mle; on the 24 negligently failed to maintain the elevators; negligently allowed persons to smoke marijuana 25 subject property; negligently failed to maintain the internet service; negligently failed to clean the subject failed to 26 property and failed to take reasonable action to ensure the safety of the tenants; negligently 27 maintain the garage door operation; negligently failed to maintain mailbox security; negligently failed to 28 maintain the plumbing and electrical systems. -4- COMPLAINT FOR DAMAGES in the property 1 24. The defective HVAC unit in the subject property caused mold to grow and each of them, negligently 2 which many of the tenants complained about to Defendants. Defendants, failed to remove the mold from the property within a reasonable period of time. 3 clean and 4 25, Defendants, and each of them, failed to keep the common areas of the property sanitary; failed to remove hash from the property; failed to maintain the garage and plumbing in the 5 6 property; and failed to maintain electricity in the subject property. 2023 because of 7 26. Plaintiffs were displaced from the property on or about January 1, Plaintiffs are informed and believe 8 flooding in the garage and lacl& of electrical service in the property. a relocation fee in compliance 9 and thereon allege that Defendants, and each of them, failed to pay them 10 with local and state law requirements. the tenants in 11 27, Plaintiffs further are informed and believe and thereon allege that many of Department about the defective 12 the subject property complained to the City of Oakland Building and timely repairs. 13 conditions and Defendants, and each of them, failed to make adequate and each of them, 14 28. Plaintiffs are informed and believe and thereon allege that Defendants, after failing to comply with 15 continued to demand and collect rent from Plaintiffs for the subject property defective conditions of the subject 16 the City of Oakland Building Department's demand to correct the 17 property, in violation of California Civil Code $ 1942.4, Plaintiffs allege on information and believe that Defendants, and each of them, are 18 29. notice to Defendants to abate 19 retaliating against them for demanding their rights as tenants and providing 20 the nuisances, caused 21 30. Plaintiffs have suffered, and Defendants'rongful conduct has proximately 22 general damages including pain, emotional distress, loss of use of the property and loss of quiet decrease in services, and failure to 23 enjoyment of the Property as a result of Defendants'arassment, 24 make necessaty repairs. 25 Plaintiffs'6 31. Defendants and each of them, owed Plaintiffs a duty of care to avoid injuring person and property. By failing to make the necessary repairs in a timely and proper manner and or retaliating against Plaintiffs for making repair requests are all violations of the Oaldand Tenant Protection 27 Plaintiffs to suffer, including, 28 Ordinance. Defendants breached their duty of care to Plaintiffs, caused -5- COMPLAINT FOR DAMAGES 1 without limitation, actual damages, emotional disness, and attorneys'ees. exclusive use 2 32. As a direct and proximate result of Defendants'onduct, Plaintiffs lost the 3 and quiet enjoyment of the Property. Plaintiffs suffered 4 33, As a direct and proximate result of Defendants'ntentional conduct, and annoyance; a substantial reduction in 5 Injury, including, without limitation: substantial discomfott distress; and the Incurring of 6 housing services, reduced enjoyment of the Property; pain, great emotional all to their damage in an amount not yet determined, The value of Plaintiffs'amages 7 attorneys'ees, 8 will be presented at trial, defects existed 9 34. During Plaintiffs'enancy at the subject property, substantial habitability 10 in Plaintiffs'arious rental units and about the premises which together and individually constituted Health & Safety Code 11 violations of applicable housing laws, including, but not limited to Califotuia 1942.5 and 3479 and various 12 I'I17920, et seq., and I'I26147; California Code I'II'I 1941, 1941.1, 1941.7, Ordinance. 13 Municipal Code Sections including, but not limited to, Oaldand Tenant Protection 616 held 14 35. The Califonua Supreme Court, in Green v. Superior Court (19741 10 CaL3d 15 that there is an implied warranty of habitability in all rental agreements. all of the 16 36. The defective conditions in the subject property include, without limitation, 17 allegations set forth in paragraph 12 above. or 18 37. The uninhabitable conditions described herein were not caused by the wrongful 19 abnormal use of the subject property by Plaintiffs or anyone acting under their authority. defective 20 38. Defendants, and each of them, had actual and or constructive knowledge of the correct the defects 21 conditions as alleged herein. Despite this knowledge, Defendants failed and refused to 22 in a reasonable period of time, 23 Plaintiffs'439. Defendants, and each of them, owed Plaintiffs a duty of care to avoid injuring person and property, By failing to redress the conditions described herein within a reasonable period of time, with knowledge of the existence of such in a reasonable manner and conditions, Defendants 25 without limitation, 26 breached their duty of care to Plaintiffs, caused Plaintiffs to suffer injury, including, 27 pain and emotional distress, and caused Plaintiffs to incur attorneys'ees. the exclusive use 28 40. As a direct and proximate result of Defendants'onduct, Plaintiffs lost -6- COMPLAINT FOR DAMAGES and quiet enjoyment of the subject property. 41. As a direct and proximate result of Defendants'reach of said warranties and covenants, Plaintiffs suffered injury, including, without limitation: substantial discomfoit and annoyance; a substantial reduction in housing services guaranteed by the Lease; reduced enjoyment of the subject property; a payment of excessive rent; great emotional distress; and the incurring of attorneys'ees, all to their damage in an amount not yet determined. 42. Plaintiff is informed and believes and thereon alleges that Defendants acted with reckless disregard to Plaintiffs'ell-being and their rights by attempting to force them out of the subject premises through harassment, intimidation, decreased services and failure to properly and timely make repairs. 10 Defendants'onduct Defendants is despicable, and they acted with malice and oppression, Plaintiffs are therefore enfitled to punitive damages. 12 43. Plaintiffs hereby demands a jury trial. 13 FIRST CAUSE OF ACTION 14 Violation of Oakland Tenant Protection Ordinance (Against All Defendants) 15 44. Plaintiffs allege and incorporate the foregoing allegations in paragraphs 1-43 as if fully 16 set forth herein, 17 45. Plaintiffs are tenants of the subject propeity as set forth more fully above. Defendants, 18 as the owners and managers of the subject property, violated Oakland Tenant Protection Ordinance as 19 set forth above. Defendants breached their duty of care to Plaintiffs, caused Plaintiffs to suffer injury, 20 including, without limitation, actual damages, pain and suffering, emotional distress, and attorneys'ees. 21 46. Plaintiffs satisfied the notice requirement of the Oakland Tenant Protection before filing 22 this lawsuit. 23 47. Defendants, and each of them, by doing the acts alleged herein failed to provide housing 24 services required by contract or by statute, county or municipal housing, health and safety laws, or 25 threatened to do so; failed to perform repairs and maintenance required by contract or by state, county or 26 municipal housing, health and safety laws; failed to exercise due diligence in completing repairs and 27 maintenance once undertaken or failed to follow appropriate industry repair, containment or remediation 28 protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building -7- COMPLAlNT FOR DAMAGES Plaintiffs to vacate the property I materials with potentially harmful health impacts; attempted to influence directly interfered with Plaintiffs; 2 through failure to make timely or adequate repairs; substantially and defined by California law pursuant to 3 right to quiet use and enjoyment of the property as that right 4 Ij822.640(A)(I), (4), (6), (9), (10), (11), (12), (13) & (15). air conditioning 5 48. During the time Plaintiffs resided at the property there was no worldng complaint to the property manager who 6 or heater, On or about November 29, 2022, Plaintiffs made a continued not to work. 7 indicated that the system would be fixed, A filter was changed out but the system cracks in the walls which and 8 Plaintiffs had to use the stove for heat for over 6 months. There are also requests. 9 the carpet was worn. Defendants failed to repair despite Plaintiffs the 10 49. Plaintiff requested Defendants and or Defendants'gent and or employee to repair issues related to homeless people sleeping 11 property including the heating and air systems and to abate the to enforce the non-smolung 12 inside the stahwells, urine and feces smell, trash build-up in the garage, and reasonable opportunity to correct the 13 policy of the property, Defendants, and each of them, had a of the defective 14 unhabitable conditions, but failed to take all reasonable action to rid the propeity 15 conditions with a reasonable amount of time, each of them, 16 50. Plaintiffs are informed and believe and thereon allege that Defendants, and 17 Defendants'8 acted in bad faith, with malice, fiaud or oppression when doing the acts alleged herein. violations further entitle Plaintiffs to treble damages, reasonable attorneys'ees and injunctive relief. Protection 19 51, Defendants engaged in a pattern and practice of violating the Tenant 8.22.670 (A)(2) to 20 Ordinance and therefore Plaintiffs are exercising her authority pursuant to OMC $ 21 enforce the Tenant Protection Ordinance through civil action. 22 SECOND CAUSE OF ACTION 23 8 Violation of California Civil Code 1942.4 and 1942.5 (Against All Defendants) 24 1-51 as if fully 52. Plaintiffs allege and incorporate the foregoing allegations in paragraphs 25 set forth herein. 26 Johnson, and The conduct of Defendant Coliseum Transit Village One, LP, Michael 27 California Civil Code Urbancore Development inclusive, and each of them, alleged herein, violates tj1942.4, -8- COMPLAINT FOR DAMAGES 54, Plaintiffs are infoimed and believe and thereon allege that the City of Oakland, mailed Defendants or their agents a written notice of the uninhabitable conditions of the property and building and required the landlord or Defendants to make repairs and cure defective conditions of the property and cure code violations pertaining to the property within a specified time period. 55. Plaintiffs are informed and believe and thereon allege that the landlord or Defendants or within 35 failed to correct the defective conditions within the specified &ne period in the notice and days of the date the notice was mailed to Defendants. 56, The landlord or Defendants continued to demand rent from Plaintiffs and collect rent and or from Plaintiffs after failing to comply with the City of Oakland's requirement to repair or replace 10 correct the defective condinons of the property. 57. During the time Plaintiffs resided at the property there was no working air conditioning or heater. On or about November 29, 2022, Plaintiffs made a complaint to the propeity manager who 12 indicated that the system would be fixed. A filter was changed out but the system continued not to work. 13 which and 14 Plaintiffs had to use the stove for heat for over 6 months. There are also cracks in the walls 15 the carpet was worn. Defendants failed to repair despite Plaintiffs requests, 16 58. The violation of California Civil Code II 1942.4, by the landlord, and or Coliseum Transit caused 17 Village One, LP, Michael Johnson and Urbancore Development, LLC, inclusive, proximately Plaintiff injury and harm, including but not limited to pain and emotional suffering, emotional suffering, and 19 emotional distress, worry, anxiety, annoyance and discomfort, denied Plaintiffs the quiet use to 20 enjoyment of the property, caused Plaintiffs to pay more rent than they were legally obligated pay, caused Plaintiffs to pay more rent than the fair rental value of the propeity, caused Plaintiffs to retain an 21 22 attorney and incur attorney fees and court costs. 23 59. Plaintiffs are further informed and believe and thereon allege that Defendants, and each of 24 of them, did the acts alleged herein, including but not limited to failing to repair defective conditions rent fiom 25 the property in a habitable condition, maintain the property in a habitable condition, demanded Plaintiffs or collected rent from Plaintiffs, to retaliate against Plaintiffs because Plaintiffs complained 26 about defective conditions in the property and or because of Plaintiffs'eacefully exercise of their legal 28 rights. -9- COMPLAINT FOR DAMAGES 1 60. Plaintiffs are informed and believe and thereon allege that the landlord or Defendants, 2 and each of them, did the acts alleged herein within one hundred eighty (180) days after Plaintiffs 3 complained to Defendants about the defective condition of the property and requested defendants to 4 repair the defective condition, the landlord and or Defendants retaliated against Plaintiffs, as alleged 5 herein. 6 61. The landlord and or Defendants violation of California Civil Code tj1942.5 proximately 7 caused Plaintiffs injmy and harm, including but not limited to pain and suffering, emotional distress, 8 annoyance and discomfort, denied Plaintiffs the quiet use and enjoyment of the property, caused 9 Plaintiffs to pay more than the reasonable rental value of the property, caused Plaintiffs to pay rent that 10 they were not legally obligated to pay, caused Plaintiffs to retain an attorney and incur attorney fee and I1 court costs. 12 62. The landlord and Defendants Coliseum Transit Village One, LP, Michael Johnson and 13 Urbancore Development, LLC inclusive, and each of them, acted willfully, intenfionally and with bad 14 faith, with a reckless disregard for Plaintiffs'ights when doing the acts alleged herein. 15 63. The landlord or Defendants Coliseum Transit Village One, LP, Michael Johnson and 16 Urbancore Development, LLC inclusive, and each of them, acted with malice, fraud or oppression when 17 doing the acts alleged herein, Their conduct was despicable and outrageous, 18 THRID CAUSE OF ACTION Negligence 19 (Against all Defendants) 20 64. Plaintiffs allege and incorporate the foregoing allegations in paragraphs 1-63 as if fully set forth herein. 22 65. Plainfiffs are informed and believes, and thereon alleges that at all relevant times, Defendants and each of them were the owners and managers of the Property and controlled the Propetty, and each of them owed a duty to Plaintiffs to provide a clean, safe and quiet premise fic from conduct to force her out of the subject property. 66. Plaintiffs were tenants in the subject propetty as set forth more fully above. Defendants, and each of them, breached their duty to Plaintiffs by wrongfully acting or failing to act so as to reasonably maintain the subject property and make reasonable and necessary repairs to the subject -10- COMPLAINT FOR DAMAGES I property to protect Plaintiffs fiom the dangerous conditions of the subject propeity, decreasing the 2 services of the subject property and intimating Plaintiffs with eviction all in an effort to force Plaintiffs 3 as long-time tenants from the subject property. 4 67. Defendants negligently maintained, managed and or controlled the subject property and 5 negligently failed to repair defective conditions at the subject property within a reasonable period of time 6 while Plaintiffs were renting the subject propeity. 7 68. During the time Plaintiffs resided at the property there was no working air conditioning 8 or heater. On or about November 29, 2022, Plaintiffs made a complaint to the property manager who 9 indicated that the system would be fixed, A filter was changed out but the system continued not to work, 10 Plaintiffs had to use the stove for heat for over 6 months. There are also cracks in the walls which and 11 the carpet was worn, Defendants failed to repair despite Plaintiffs requests. 12 69. The negligence of Defendants proximately caused Plaintiff to suffer general and 13 economic injury, experience serious emotional distress, lose the exclusive use and quiet enjoyment of 14 the Property, overpayment of rent and reasonable attorneys'ees. 15 FIFTH CAUSE OF ACTION 16 8 Violation California Civil Code 1941 and 1941.1 of 17 (Against All Defendants) 18 70, Plaintiffs allege and incorporate the foregoing allegations in paragtaphs 1-70 as if fully I9 set forth herein. 20 71. Defendants owe a duty to Plaintiffs under California law to maintain the subject property in a tenantable condifion fit for human occupancy. 22 72. Defendants, through their wrongful acts and omissions, failed to maintain the subject 23 property in a tenantable condition in violation of their statutory duties set forth in California Civil Code $$ 1941 and 1941.1. 25 73. Defendants, and each of them, had actual or constmctive knowledge of the housing violations at the subject propeity. During the time Plaintiffs have resided at the Propeity, the heating and 27 air conditioning system was nonoperational, homeless were living in the stairwell, there was trash and clutter in the garage, there was the smell of urine and human feces, there were mice and ants as a result -11- COMPLAINT FOR DAMAGES of the trash build-up, and lack of adequate security all of which Plaintiffs notified Defendants of the conditions and were not repaired in a reasonable time. 74, During the time Plaintiffs resided at the property there was no working air conditioning or heater. On or about November 29, 2022, Plaintiffs made a complaint to the property manager who indicated that the system would be fixed. A filter was changed out but the system continued not to worl&. Plaintiffs had to use the stove for heat for over 6 months. There are also cracks in the walls which and the carpet was worn. Defendants failed to repair despite Plaintiffs requests. 75. The housing violations at the subject property continue to exist and have not been corrected within a reasonable manner or period of time after Defendant received notice. The defective 10 conditions at the subject property were not caused by any act or omission of Plaintiffs, 76, The conduct of Defendants, and each of them, proximately caused Plaintiff to suffer 12 general and economic injury, expeidence serious emotional distress, lose the exclusive use and quiet 13 enjoyment of the Property and lost economic benefits. 14 SEVENTH CAUSE OF ACTION Nuisance 15 (Against all Defendants) 16 77. Plaintiffs re-allege and incorporate the foregoing @legations in paragraphs 1-77 as if fully set foith herein. 18 78, Defendants'rongful conduct or failure to act as alleged herein injured Plaintiffs'afety 19 and health, offended their senses and substantially interfered with the use, occupancy and enjoyment of 20 the Property, During the time Plaintiffs have resided at the Propeity, the heating and air condinoning 21 system was nonoperational, homeless were living in the stahmell, there was trash and clutter in the 22 garage, there was the smell of urine and human feces, there were mice and ants as a result of the trash 23 build-up, and lack of adequate security all of which Plaintiffs notified Defendants of the conditions and 24 were not repaired in a reasonable time. 25 79. Defendants'onduct alleged herein created and or constitutes a private nuisance as in and 26 about the property, in violation of Civil Code tjtj 3479, 3481. 27 80. As a result of Defendants'rongful acts and omissions, Plaintiffs suffered pain, 28 emotional distress, worry, anxiety, loss of the use and quiet enjoyment of the subject propeity, and -12- COMPLAINT FOR DAMAGES foreseeable consequential damages. 81, Plaintiffs are informed and believe and thereon allege that Defendants acted with reckless disregard to Plaintiffs'ell-being and their idghts by to force them out of the subject premises as long term tenants through intimidation, threats, decreased services and failure to make repairs in a timely or proper manner. Defendants'onduct Defendants is despicable, and they acted with malice and oppression. Plaintiffs are therefore entitled to punitive damages. SEVENTH CAUSE OF ACTION Breach of Written Contract (Against All Defendants) 10 82, Plaintiffs re-allege and incoiporate the foregoing allegations in paragraphs 1-82 as if fully set forth herein. 12 83. Plaintiffs have at all relevant times reasonably perfoimed all of the terms and conditions 13 and promises they were required to perform based on the terms and conditions of the Lease, except for 14 the promises they are excused fiom perfoiming because of Defendants'onduct, if any. 15 84. Defendants breached the terms and conditions of the Lease by doing the acts complained 16 about and facility to reasonably maintain the subject property in a habitable condition. During the time 17 Plaintiffs have resided at the Propeity, the heating and air conditioning system was nonoperational, 18 homeless were living in the stairwell, there was trash and clutter in the garage, there was the smell of 19 urine and human feces, there were mice and ants as a result of the trash build-up, and lack of adequate 20 security all of which Plaintiffs notified Defendants of the conditions and were not repaired in a reasonable 21 time. 85. As a direct and proximate cause of Defendants'reach of the Lease, Plaintiffs suffered 23 damages including, without limitation, loss of use and enjoyment of the subject property, over-paid rent 24 for the use and occupancy of the subject property and incuned attorneys'ees. 25 EIGHTH CAUSE OF ACTION 26 Breach of Contract Implied-in-Fact (Against all Defendants) 27 86, Plaintiffs allege and incorporate the foregoing allegations contained in paragraphs 1-85 -13- COMPLAINT FOR DAMAGES as if fully set forth herein. 87. Based on the conduct of the paities alleged herein, Plaintiffs and Defendants, and each of them, entered into a contract implied-in-fact. 88. The conduct of Plaintiffs and Defendants alleged herein gave rise to an implied-in-fact contract that Plaintiff would pay Defendants for the use of the subject property as their residence. In return, Defendants would provide Plaintiffs with the exclusive use and occupancy of the subject propetty and that Defendants would reasonably maintain the subject propeity in a habitable condition during Plaintiffs'enancy and occupancy of the subject property. 89. Plaintiffs at all relevant times paid rent for the exclusive use and occupancy of the subject 10 property. 90. Defendants, and each of them, failed to reasonably maintain the subject property in a 12 habitable condition by wrongfully acting and failing to act as alleged herein. 13 91. Defendants breached the implied-in-fact contract by wrongfully acting or failing to act 14 as alleged herein, including, without limitation, failing to reasonably maintain the subject property in a 15 habitable condition and make reasonable repairs in a reasonable manner within a reasonable amount of 16 time. During the time Plaintiffs have resided at the Propeity, the heating and aii condiuoning system 17 was nonoperational, homeless were living in the stairwell, there was trash and clutter in the garage, there was the smell of uidne and human feces, there were mice and ants as a result of the trash build-up, and 19 lack of adequate security all of which Plaintiffs notified Defendants of the conditions and were not 20 repaired in a reasonable time. 21 92. Defendants'reach of the implied-in-fact contract proximately caused Plaintiffs to suffer 22 injury, including, without limitation, suffering personal injuiy and deterioration of health; losing the 23 exclusive use and quiet enjoyment of the subject propeity; over-paying rent'nd incurring reasonable 24 attorneys'ees. 25 93. Defendants'reach of the implied-in-fact contract also caused Plaintiffs to suffer 26 economic damages and lose the quiet enjoyment of the subject property. 27 28 - 14- COMPLAINT FOR DAMAGES NINTH CAUSE OF ACTION Breach of the Implied Warranty of Habitability (Against all Defendants) 94. Plaintiffs allege and incorporate the foregoing agegations in paragraphs 1-93 as if fully set forth herein. 95. At all times referred to herein, Plaintiffs were the tenants of the subject property and Defendants were the owners and managers during the relevant times as set forth herein. 96, Beginning in or about August 2019 to July 2023, Defendants demanded monthly rent from Plaintiffs in consideration of Plaintiffs having the exclusive use and occupancy of the subject property, 10 97. Defendants breached the implied warranty of habitability by wrongfully acting or failing to act as alleged herein, including, without limitation, failing to reasonably maintain the subject property 12 in a habitable condition and make reasonable repairs in a reasonable manner within a reasonable amount 13 of time. During the time Plaintiffs have resided at the Property, the heahng and air conditioning system 14 was nonoperational, homeless were living in the stairwell, there was trash and clutter in the garage, there 15 was the smell of urine and human feces, there were mice and ants as a result of the trash build-up, and 16 lack of adequate security all of which Plaintiffs notified Defendants of the conditions and were not 17 repaired in a reasonable time, the heating and air conditioning system was nonoperational, homeless 18 were living in the stainvell, there was trash and clutter in the garage, there was the smell of urine and 19 human feces, there were mice and ants as a result of the trash build-up, and lack of adequate security all 20 of which Plaintiffs notified Defendants of the conditions and were not repaired in a reasonable time, 21 98. Defendants'reach of the implied warranty of habitability proximately caused Plaintiffs 22 to suffer injury, including, without limitation, suffering personal injuiy and deterioration of health; losing 23 the exclusive use and quiet enjoyment of the subject property; overpaying rent; and incundng reasonable 24 attorneys'ees. 25 TENTH CAUSE OF ACTION 26