Francis

Francis v. Foxx CA2/8

Good Law
Court of Appeal of CaliforniaSeptember 8, 2015B256423MCalifornia1,084 words

Opinion

Opinion

FACTS AND PROCEDURE

On May 24, 2010, plaintiffs Jerome Francis, Estherlita Ansari, Michael Gagle, Johnny Morgan and Marcel McGuire sued Rick Foxx. Plaintiffs were tenants in Foxx’s apartment building, and all of their claims stemmed from Foxx’s alleged misdeeds as landlord. Plaintiffs alleged causes of action for breach of warranty of habitability, breach of warranty of quiet enjoyment, nuisance, violation of Civil Code section 1941.1, negligence, constructive eviction, and intentional infliction of emotional distress. In addition to compensatory and punitive damages they sought reasonable attorney fees. The case was tried to the court. A transcript of the trial is not included in the record on appeal, but apparently the trial lasted three days. The court awarded plaintiffs $1,000 for damage to their personal property, $475 for rent paid, $500 in noneconomic damages, and $1,450 for Ansari’s unreturned security deposit. The remaining causes of action were decided in Foxx’s favor. Judgment was awarded jointly and severally against a codefendant who is not a party on appeal.1 On May 15, 2012, plaintiffs filed a motion for attorney fees. The motion sought attorney fees pursuant to…

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