Camacho

Camacho v. Schaefer

Good Law
193 Cal. App. 3d 718·1987 Cal. App. LEXIS 1930·238 Cal. Rptr. 609
Court of Appeal of CaliforniaJuly 14, 1987B016357California2,299 words

Opinion

Opinion

Feinerman, J.

Respondents, Jose and Maria Camacho, brought suit against appellant, Michael Schaefer, their former landlord, for statutory and compensatory damages for interference with their lawful occupancy of rented premises. (Civ. Code, § 789.3.) Additional causes of action were stated for forceable entry, breach of implied warranty of habitability, nuisance and intentional infliction of emotional distress. Respondents also sought punitive damages, and an award of reasonable attorney’s fees pursuant to Civil Code section 789.3, subdivision (d). Appellant cross-complained for fraud and breach of duty to pay rent. The issue of attorney’s fees was bifurcated for trial by the court. The remaining issues were submitted to a jury on a special verdict form which directed the jury to break down any award in favor of respondents by party and category. The jury found in favor of respondents and against appellant on both the complaint and the cross-complaint. They awarded damages as follows:

To Jose Camacho:

The trial court thereafter heard argument and determined that respondents were entitled to an award of $17,500 as reasonable attorney’s fees under Civil Code section 789.3, subdivision…

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