Steele

Steele v. Totah

Good Law
180 Cal. App. 3d 545·1986 Cal. App. LEXIS 1528·225 Cal. Rptr. 635
Court of Appeal of CaliforniaApril 30, 1986A028009California2,738 words

Opinion

Opinion

White, J.

Plaintiff and appellant Helen Steele appeals from the judgment of the Superior Court for the City and County of San Francisco entered after the motion for summary judgment of defendants and respondents Raymond Totah and Angelo Mazza was granted. We affirm.

I

Helen Steele is 84 years old and currently resides in San Mateo County. Formerly, she was lessee of an apartment in San Francisco owned by respondents. She brought suit against respondents for breach of implied warranty of habitability, both in contract and tort; negligent violation of statutory duty; breach of the covenant of quiet enjoyment; constructive eviction; wrongful eviction; nuisance; intentional infliction of emotional distress; and negligent infliction of emotional distress.

On February 6, 1984, respondents served appellant with respondents’ requests for admissions pursuant to Code of Civil Procedure section 2033. Responses to the requests for admissions were timely received on March 6, 1984, but were verified by appellant’s counsel rather than by appellant herself.

On March 14, 1984, appellant was properly served with a notice that the requests were deemed admitted because the responses were not…

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