McNairy

This case involves a landlord-tenant dispute. In the published portion of the opinion we hold that damages for emotional distress are available under Civil Code former section 1942.4, subdivision (b)(1). In the unpublished portion of the opinion we reject (1) the landlord’s challenges to the sufficiency of the evidence, (2) the argument that a one-year statute of limitations should apply, and (3) the argument that the court erred in awarding punitive damages because the record lacks evidence of actual damages.

In the cross-appeal, which also is unpublished, we conclude that the trial court should have allowed all of the tenants to testify in the damages portion of trial. Even though not all of the tenants testified during the liability phase, the trial court found that “the entire complex had serious unresolved roach and water problems throughout.” We affirm in part and reverse in part the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In two consolidated cases in 2001, plaintiffs sued C.K. Realty, Victoria Apartments, and Hee Cho. Each plaintiff was a tenant of a unit at Victoria Apartments, which consisted of four buildings and 224 units. Hee Cho owned the apartments…