Plotnik v. Rosenberg

LANGDON, P. J.

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 doors, but never restored the interior doors during the remaining period of plaintiffs’ tenancy. The keys of the two doors which were replaced by the defendant were taken by him and their return was refused.

The jury awarded actual and exemplary damages in the sum of $2,000, which amount was reduced to $1,500 by the trial court and judgment given therefor.

The contention is made upon appeal that the damages are excessive. Judgment was prayed “for the sum of fifteen dollars, the amount of the damage actually suffered by reason of the removal of the said tenant and boarder as aforesaid, and for the further sum of sixty cents, expended for said keys, as aforesaid, and for the further sum of $5,000 as exemplary damages,” and for costs. Assuming that the full amount of actual damages alleged were allowed by the jury, the verdict represents an award of $1,484.40

[410]

punitive damages,—about one hundred times the amount of the actual damage alleged. It is true that the common-law rule with relation to the assessment' of punitive damages allowed to the jury an exceedingly broad discretion