Plotnik

This is an action in trespass. Plaintiffs were tenants of the defendant and occupied a certain flat or apartment on Natoma Street, in San Francisco. The husband, an invalid, was away part of the time and the wife and three minor children occupied the flat. During the tenancy, while the rent was seldom paid on the due date, no month passed without payment of the rent in full. For some reason, defendant decided to force the plaintiffs to move,-—whether it was because of higher rents then obtainable or because he considered the plaintiff Rose Plotnik a trouble-maker, is wholly immaterial.

Defendant had served notice on plaintiffs that on October 17, 1919, the rent would be advanced to more than double the amount of the previous rent, but at no time was a notice terminating the tenancy served upon the plaintiffs. It is admitted that on the evening of October 2, 1919, defendant, without any legal justification, in the temporary absence of the plaintiffs, entered plaintiffs’ home with his pass-key and removed therefrom six doors, including the front and rear door. It was only when the police intervened, at the request of the neighbors of plaintiffs, that defendant restored two of the…