Parties Secret

Richard C Koman

Case Conclusion Date:January 12, 2010

Practice Area:Landlord / Tenant

Outcome:Settlement

Description:In what should have been a straight-forward 60-day notice eviction, the defendant raised a defense of retaliatory eviction. She based this on complaining about the premises to the City of Santa Rosa, despite the fact that the notice was served before any complaints, that the violations were all minor, and that she hadnt paid her rent since November. We were prepared to easily knock this defense down at trial. The defendant initially insisted that she was entitled to thousands of dollars from my client (something about being charged for a two-bedrom instead of a one bedroom) but in talking to the mediators quickly agreed to vacate but she wanted something like three months. We said two weeks and the matter came back on for trial. The defendant announced she had requested a jury trial and I informed the court that we had not received notice of this request nor had she filed a proof of service. The judge called the mediator to conference and then announced he was sending the matter back out for mediation. Ultimately, we agreed to two more weeks in exchange for a mutual release, waiver of security deposit rules, application of security deposit to rent, and so on. Hard fought, but a win-win. (plus a win for the court for dodging a jury trial)