MOTION FOR A NEW TRIAL by defendants San Diego Family Housing LLC and Lincoln Military Property Management LP is GRANTED. (CCP § 657(5))
The $500,000 awarded to each of the four plaintiffs for past pain and suffering and past emotional distress is excessive.
Plaintiffs moved into a rental home on April 29, 2015 and moved out on April 1, 2016. Evidence was presented that the family reported feeling tired and ill starting about January 25, 2016. Plaintiffs discovered mold on the property on February 12, 2016. The family claimed they experienced illness, pain and suffering and emotional distress allegedly from the presence of mold in their rental. The symptoms apparently resolved at some point after they vacated the premises. The amount of damages is a fact question, first committed to the discretion of the jury and next to the discretion of the trial judge on a motion for new trial. (Janice H. v. 696 North Robertson, LLC (2016) 1 Cal.App.5th 586, 602) The judge is not permitted to subs
Hearing Date
December 05, 2019
Category
Civil - Unlimited
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MOTION FOR A NEW TRIAL by defendants San Diego Family Housing LLC and Lincoln Military Property Management LP is GRANTED. (CCP § 657(5))
The $500,000 awarded to each of the four plaintiffs for past pain and suffering and past emotional distress is excessive.
Plaintiffs moved into a rental home on April 29, 2015 and moved out on April 1, 2016. Evidence was presented that the family reported feeling tired and ill starting about January 25, 2016. Plaintiffs discovered mold on the property on February 12, 2016. The family claimed they experienced illness, pain and suffering and emotional distress allegedly from the presence of mold in their rental. The symptoms apparently resolved at some point after they vacated the premises. The amount of damages is a fact question, first committed to the discretion of the jury and next to the discretion of the trial judge on a motion for new trial. (Janice H. v. 696 North Robertson, LLC (2016) 1 Cal.App.5th 586, 602) The judge is not permitted to subs