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Turcotte v. Haldeman11/26/2002
on of liability, not to the award of damages under section 37.9(f).
The jury received the following instructions regarding Robert and Linda's claim for damages under section 37.9(f): "The plaintiffs seek damages due to wrongful eviction under the San Francisco Rent Ordinance. If you determine that either or both plaintiffs are entitled to recover damages for wrongful eviction, you should award either or both of them as appropriate all of the following elements of damages which you find apply: [ ] One, reasonable compensation for non-economic damages . . . which were suffered by plaintiff or plaintiffs and which damages were caused by the unlawful eviction; [ ] Two, reasonable compensation for loss of a rent-controlled apartment in San Francisco, . . . which is the difference between the fair market value of the rental unit and the rent they were paying, for as long as you find that plaintiffs would have lived in the premises but for the wrongful eviction."
These instructions properly reflect the nature and elements the plaintiffs' claim for damages under section 37.9(f). Since Robert and Linda vacated their unit, their claim was for wrongful eviction, not for a wrongful endeavor to evict. Furthermore, the damages recoverable under this cause of action were properly limited to damages caused by the eviction itself.
IV. DISPOSITION
The judgment is affirmed.
We concur:
Kline, P.J.
Ruvolo, J.
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