 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Turcotte v. Haldeman11/26/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
I. INTRODUCTION
Robert and Linda Turcotte sued respondents George Haldeman (Haldeman) and Linda Mikkelsen (Mikkelsen) for a variety of wrongs relating to the Turcottes's brief tenure as residents of the Ashlee Suites, an apartment building owned by Haldeman and managed by Mikkelsen. A jury found respondents guilty of false arrest, negligence, breach of the implied warranty of habitability, and wrongful eviction in violation of section 37.9 of the San Francisco Rent Stabilization and Arbitration Ordinance (the Rent Ordinance). (S.F. Admin. Code, ch. 37, § 37.9.) Robert Turcotte (Robert) was awarded damages under each cause of action and punitive damages for false arrest and received a total award of $269,800. Linda Hopper Turcotte (Linda) was awarded a total of $70,500 damages for breach of the implied warranty of habitability and wrongful eviction.
Robert appeals the judgment claiming the trial court erroneously applied the treble damages remedy contained in section 37.9 of the Rent Ordinance (section 37.9). Specifically, Robert argues that damages awarded to him for false arrest should have been trebled under section 37.9 because his false arrest was an unlawful endeavor to recover possession of his rental unit within the meaning of the Rent Ordinance. We affirm.
II. FACTS AND PROCEDURAL HISTORY
Haldeman owned the Ashlee Suites, a six-story apartment building on Geary Street in San Francisco. Mikkelsen lived at and managed the Ashlee Suites. In the spring of 1997, Robert and his then fiancé, Linda Hopper, decided to move from New York to San Francisco with their dog, Bandit. Robert heard that the Ashlee Suites offered long and short-term leases and that it accepted dogs. Linda submitted an application to rent an apartment at the Ashlee Suites. The application stated that two people would be living in the apartment. Linda also called Mikkelsen to confirm that an apartment was available and told Mikkelsen that she would live in the apartment with her fiancé and her dog. Mikkelsen said that would be fine. On July 5, 1997, Robert and Linda arrived in San Francisco, Linda signed a rental agreement, and the couple moved into a unit in the Ashlee Suites with Bandit.
Tenants in an upper floor unit of the Ashlee Suites frequently hosted late-night parties that were loud and rowdy. Partygoers threw garbage and other items out the window into the courtyard located next to Robert and Linda's ground floor apartment. Robert and Linda complained often to various individuals employed at the Ashlee Suites, but to no avail.
On July 20, 1997, Robert was taking Bandit for a walk when they encountered Mikkelsen's small but feisty dog, Mrs. Boots. Mrs. Boots, who was unleashed and unattended, attacked Bandit. While separating the dogs, Robert injured his back.
Robert called Haldeman on the telephone to complain about noise and sanitation problems. Haldeman hung up the phone. Robert drafted a letter to Haldeman dated August 4, 1997. In the letter, to which Robert signed Linda's name, Robert repeated the couple's complaints about conditions at the Ashlee Suites. Haldeman did not respond. Robert and Linda called the building inspector whose visit did result in some improvement of the sanitary conditions. They also hired an attorney. In response to a letter of complaint from that attorney, Mikk
Page 1 2 3 4 5 6 7 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|