Giebeler v. Associates

343 F.3d 1143 John GIEBELER, individually and on behalf of the General Public, Plaintiff-Appellant, v. M & B ASSOCIATES, a limited partnership; Alan Rubnitz; Robert Krandel; ABL Management Co.; Jay Duffus; Jan Duffus, Defendants-Appellees. No. 00-17508. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 12, 2002 — San Francisco, California. Filed September 15, 2003. Elizabeth Brancart, Brancart & Brancart, Pescadero, California, for the appellant. David R. Sylva and David S. Hoffman, David R. Sylva, Inc., Campbell, California, for the appellee. Appeal from the United States District Court for the Northern District of California; Ronald M. Whyte, District Judge, Presiding. D.C. No. CV-98-20405-RMW. Before: David R. THOMPSON, WILLIAM A. FLETCHER and Marsha S. BERZON, Circuit Judges. OPINION BERZON, Circuit Judge: 1 John Giebeler has AIDS. Because he has AIDS, he is disabled and can no longer work, although he had worked and earned an adequate living until he became ill. Once he was no longer earning a salary, his former apartment became too expensive for him. In addition, he needed assistance with daily matters because of his illness and so…