Matthew Van Dyk et al vs Sheri Nichols et al

Case No.: 1382525     Track Rulings In Case

Nature of Proceedings: Motion: Issuance of Failure to Appear/Notice to Compel Appearance
This is an action brought by tenants against their landlord on claims arising out of exposure to toxic mold.

Plaintiffs contend that the allergenic/toxic mold that contaminated the subject property was there when plaintiffs first began to reside at the property. (Richards decl., ¶ 11.) Plaintiffs further contend that they did nothing to cause or to contribute to the presence or proliferation of the allergenic/toxic mold at the property. (Ibid.) Plaintiffs contend that there is no evidence that (1) plaintiffs incorrectly installed a dishwasher and (2) water from the dishwasher caused the allergenic and/or toxic mold to grow and proliferate in the area around and under the kitchen sink. (Richards decl., ¶ 12.)

Defendant Sheri Nichols stated in a letter to plaintiffs that “It was found that the improper installation of the dishwasher was what caused the mold in........