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Constance Cook v. Gwendolyn Smith

Case Conclusion Date: 11.01.2010

Practice Area: Landlord & Tenant

Outcome: Judgment in favor of Plaintiff for all back due rent and treble damages in the amount of $49,635.96

Description: Plaintiff filed an action for unlawful detainer in August 2009 for failure to pay rent. After a substantial amount of procedural delays based on the Defendant filing various motions, including, but not limited to, four motions to quash, two writs to the appellate court, one appeal to the appellate court, one petition to the California Supreme Court, and one motion to change venue, the matter was set for trial on October 27, 2010. At trial Plaintiff requested a judgment for all back due rent and treble damages for Defendant's malicious, willful, deliberate, and intentional holding over. Defendant defended the action claiming, inter alia, breach of the warranty of habitability and retaliatory eviction.

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