Rivera v. Sassoon

Opinion

JOHNSON, J.

Eighteen tenants brought this action against their landlord, Albert Sassoon, for breach of the warranty of habitability, nuisance and other torts. A jury awarded the tenants $187,500 in general and special damages and $350,000 in punitive damages. Sassoon appeals. We affirm.

[1047]

Facts and Proceedings Below

From December 1989 to January 1992 Albert Sassoon owned rental property consisting of 12 detached units in the city of Bell Gardens. During this period Sassoon resided in France and never visited the property. His brother, Charles Sassoon, managed the property.

1

The evidence showed that before Sassoon became owner, the property had been well maintained and any problems were promptly corrected. However, once the Sassoon brothers owned and managed the property, it began to fall into disrepair. City inspectors testified they made approximately 22 trips to the property between July 1990 and December 1991 and charged Albert Sassoon with 33 building and health code violations. The city sent several notices of these violations to both Albert and Charles Sassoon but the premises were not repaired. Indeed, conditions on the property grew worse as time went on.

The building and health code violations found on the property included hazardous electrical wiring, seepage of raw sewage under the buildings due to broken plumbing, infestation of rats, termites and other vermin, broken and deteriorated doors and windows, lack of hot and cold running water, lack of heat, leaking roofs and leaking plumbing fixtures. By November 1991 all the tenants on the property moved out.

The plaintiffs, former tenants of the Sassoon property, brought this action for breach of the warranty of habitability, nuisance and other torts. In the first phase of a bifurcated trial, the jury found in favor of the plaintiffs on the breach of warranty of habitability and nuisance causes of action. On the breach of warranty claim the jury awarded the tenants $19,740, representing the difference between the rent they paid and the rental value of the premises. The jury awarded the tenants $168,000 in damages for nuisance. The jury also made a special finding by clear and convincing evidence Albert Sassoon was guilty of oppression or malice in his conduct toward the tenants. In the second phase of the trial, the jury awarded the tenants punitive damages against Albert Sassoon in the sum of $350,000. Prior to the second phase of the trial on punitive damages, two jurors who had participated in the liability phase were dismissed due to financial hardship and replaced by two alternates.