(510) 556-1951 MISTER PHILLIPS, ESQ. (SBN 228991) .3 max one: co. CA 94564-3162. - ATTORNEY FOR PLAINTIFFS CONSTANCE E. DELORESM. GENEVA BRIDGET M. ANGELA R. TERRENCE L. STUART MOTURI R. RHONDA s. and - 58840207 Apr 08 2015 :31 roam _.Moau- CLARAMOORE. . A PERLOCALRULESTHIS GNEDTQ A DEPT SUPERIORCOURTOFCALIFORNIA - I. - .- SUMMONS ISSUED . COUNTY OF CONTRA COSTA .- . CONSTANCE M. Case-NoGENEVA BRIDGET ANGELA R. TERRENCE L. STUART MOTURI RHONDA s. and CLARA MOORE, Plaintiffs, I COMPLAINT I Heefing'date: Hearing time: Trial date: Dept; No.1: CITY OF RICHMOND and DOES 1. to . 50, Defendants. 1. Thepleintiffs. Constance E. Gary, Delpres M. Johnson, Geneva Eaton, Bridget M: Gaines, Angela R. Petereon, Terrence L. Griffith, Stuart Grady, Moturi R. Bryant; Rhonda S. Marsh-ail, and Clara Moore, allege the following; COMPLAINT - ?i :1021CoSta decades, the City has warehoused its most Vulnerable residents - I allthat is truly good-the City's conduct must stop. - this lawsuit, She a tenant of the City and the Richmond Housing Authority (RHA). this lawsu_it,__she_ was a tenant of. the Cityand the this lawsuit, she was a tenant of the City and the IRIHA. STATEMENT OF THE CASE 2.__Th.e City ofRiehmond (the City) is one of the biggest slamlords in Contra the poor', elderly; and disabled - in substandard and dilapidated housing, In the name of I I JURIselenon I I 73.IThe court has jarisdiction pursuant. to Code etch/El ProcedureseetiOnBB. 1 I . VENUE . . The Court has-venue pursuant to ef Civil Procedure section 394, subdivision I I I 1' I I CLAIMS STAT-UTE. I 7 . 5,The plaintiffs have eemplied wIithIallapplicableslaim StatLttes. 6. The plaintiff, Constance E. Gary, isla IicompIe-tent adult. At all times relevant to The plaintiff, Dames Johnson, is a'competen't adult. At all times relevant to I The plaintiff, Geneva Eaton, is aeempetent adult; At all times {elevant to this wetsuit, she was ate-nant The plaintiff, Bridget M. Gaines, is a competent adtilt. At all t'irnes'rjelevant to this lawsuitsIheIIv-vas a tenant of the City and I I I I to. Theplatntiff, Angela R. Peterson; is a. competent adult. At all times relevant to 3201this lawsuit, he was. a tenant of the City and the .3 this. lawsuit, he was a theCity and the RHA. to this laWsuit, she was a tenant of theCit'y and the 3 City was the landlord _of the plaintiffs. 'was'the .ia?n'dlercl .ef the plaintiffs. . 23 . 11. The plaintiff, Terrence a competent adult, At all times 'relevent'to A - 12. The plaintiff, Stuart Grady, is a competent adult. At all times relevantto this lawsuit,? he Was tenant of the City and the 13. The plaintiff, Moturi R. Bryant, is a competent adult. At all times relevant to? 14. The plaintiff, Rhende 8. Marshall, a Competent adultAt alltimes relevant 5' . Clara Moore, is a? competent-admit. At all-times relevant to this lawsuit, .sheiwes a. tenant of the City and the . . . 15m defendant City is a publicentity.? At all times relevant to this lawsuit, the 17. The defendantRHA is a public entity charteredhy the City; The City Council servesas the governing may at the RHA. At all times relevant to this lawsuit,- the RHA . . 18.'.The "plaintiffsareignhtent'of the names ofthefdefendants de?gneted Does 1_ to. The plaintiffs are informed and believe that they are and/oi independent contractors at the City and the R-HASTATEMENT. OF . 19; The plaintiffs live int-Hacienda. Develeprnent (Haciende), public heusing projestih, the) city. Their lentil_ords .alre?the'Citvy- and the RHA. I A 20, The__apettment building and the plaintiffs? indiVidual units are not hebitable. Problems with the building and apartments include, but are not limited to, lack of .7 COMPLAINT - 3 l3 . re'SponSible_for_the clean?condition and good repair of ?i-he receptacles under his effective watermefing and weather protection; lack of plumbing or gas facilities that conformed to applicable law in effect at the time not insitallation, maintained in good I working order; lack of heating faCilities that conformed with applicable law at the timeof . Control; tack of floors, Steinway/sand railings maintained in gooti repair; inadequate sanitation that endangers life, ,iimb, health, property, safety, _o_r_wel_f_are? lack of adequate garbage and rubbish storage and removal facilities); structural haZards that - endanger. life, limb, health, property, safety, or welfare; nuisances that endanger life, property, safety, orwelfare; mechanical equipmentthat endangers fife. limb, health, property, safety, of Welfare; faulty weather protection that endangers life, timb, health, instailiatioh, maintained in good working order; lack of bUilding, grounds, and, appurtenanCes at the time of the commencement of the lease or rental-agreement, and all areas under control of the landlord, kept in every part ciean, sanitary, and tree from all-accunjulations of debris, filth, rubbish, garbage-rodents, and vermin; leek of an I I adequate numberof appropriate receptacles forgarba-ge and robbish, in Clean condition and repair-at the time of the commencement of the. lease'or rental agreement-With the appropriate serviceable receptacles thereafterand being adequateheating; lack of ventilation; dampness of habitable rooms; mold; infestation of insects,yerm_in, or rodents; general dilapi'dation _or and lack of limb, health,property, safety, or welfare; plumbing that endangers life, limb, health, property, safety, or welfare; and garbage and rodent harborages. 21. Thegrounds and commonereas are just as is notorious for drug trafficking, illegal drug, use, prostitution, vagrancy, and other crimes. The criminal . element has been ableto run-amuck in Hacienda, in part, because the gates COMPLAINT - 4. 10. .13. '13. 14 35' 16 -18_ ""surrounding Hacienda are not secured, and the City and the RHA have decreased security at Hacienda, The plaintiffs_d_o_.n_ot_feel safeat-Hactenda. A I I 22. TheIptaEntiffs .Ipteaded With the City and the RHA to ?x the myriad problems at Hacienda per their written tease agreement. But the plaintiffs? requests felt on deaf ears. .- '23. Theptai'ntiffsare informedand believe that at teaSt some of the problemsat I Hacienda-have not beeh ?xed, because Does to 50 misappropriated rested-rose meant to maintain Haciendaabout February 2014, HaCEeInda was . Nevertheless, the City ahd the RHA corttinued to demand rent, collect rent-tissue a notice of a increase, issue a_'three4day hotice Ito-pay rent or qUtt. I I 25. Griffith has one leg. He tives on the secondmm of the building. The. City and the RHA refuseIt-o provide? Griffith an apartmetjton the first ?oor,_ even'_though apartments lare'avaitabte; the elevators in the-building are constantly outof order; and theICity and the RHA are teoujred to prOVide reasmabte aCCOmmOdattons per the written lease Iagreem'e'ht and state and federal law. I I 26. Does 1 to 50 enter without their knowledge and canseht. They tookspersonlallproperty "from-Moore?s. apartment. . I I Asa?result ofthedetertdahts? suffered physical injury, roentat damage, and tossot property. _r=_tRsr oAusrsor' AortoNAeAmsr THE - . or: . 28. The plaintiffs incorporate the preceding paragraphs herein reference. The 24 plaintiffs, the City, awe RHA entered'into' '3 Written contra?t. The plaintiffs did all or stabstant?ialty all of that the co_htract reqUired them to do or were exotJSedfrom doing those things. All conditions reoutred_by the contract for the CityIa?hd the .RHA's performance had oocurred or were excused. The City and the RHA failed to 5. 13. _3failure. l4 do somethth that the contract requiredthem to do. The plaintiffs Were harmed bythat I secono CAUSE OF ACTION AGAINST THE CITY AND RHA (BREACH OF IMPLIED COVENANT OF. DEALING) The plaintiffs incorporate the preceding paragraphs herein by reference. The plaintiffs, the City,_ and the RHA entered into a contract. The plaintiffs did all or - .subStantially all of the-Significant things that the contract requlred them to do or were 10 exoused from havingtodo thosethings. All conditions.requiredforthe City and the I performahoe had occurred or were excused, The City and the RHA unfairly . interfered with the plaintiffs? right to receive thebeneflts of thecontract. The plaintiffs . - . Were harmed by the'City.and the RHA?sI'oondu'ct'. THIRD CAUSE OF Acrlon cm . I (BREACH OF WARRANTY or: 30, The plaintiffs incorporatethe precedingpaegrapns.herein lay teem. The plaintiffs, the-City; and the entered into a oo'ntr'aotrThe.plaintitfe all or I I eub'stantially all of the significant things that-the contract required them to do or were. exoueedfrom doing those things. All conditions requir?dby the'oontra'ct for the City and theRHA's performance had occurred or were The andthe RHA failed to {to-something that the contract required them to do. The plaintiffs were harmed by that failure. COMPLAINT - 6 20__ 228' excused from doing tho_Se things-Aileenditions required'by the centract forthe City and do Something that the contractrequired them to do. The harmed by that failure FOURTH CAUSE oeA?enon AGAINST THE CITY AND RHA .OF IMPLIED: COVENANT 01: (ENE ENJOYMENT) .. 31. The plaihtiffs incorporatethe preceding par?graphs hereih lay-reference. The I plaintiffs, the-City, and the RHA entered into a cehttac?. The pletntiffs did all or substantially all of the significant things that the contract reqLIiredthem to do or were the RHA?sperformenee had occurred or wereexcused} The City .andithevRHA failed to FIFTH - .. MONEY HAD-AND RECEIVED) I I 32, The p'laihtiffs ihcorperate pares-raphshefein by f?fefen?3 The" defeh'tients_ receive-d.? meneythat was Deed f6} the 53mm 9? th? Piain??sn The money Was hot used for the benefit of the mat _Thedefehdant_s_ihave ,th given the-meney tothehp'laintiif'fsj. ACTION AGAINST ALL DEFENDANT-S- (NEGLIGENCE) 33.. The herein by reference. The defendahtswere hegligent. The pta-tntt. _re harmed..The defendants? negtigence was a .s_ubstential_faetor in ca?uSi'ng the plaintiffs? COMPLAINT - 7 13; 14 15 16. 18? 19' 20tplaintiffs were one Of the class of persons forwhose pt0te_ . defendehts wereneg'ligent. The plaintiffssuffered i defendants?. negligence Was a_ substantiai factor in ca_ 17' would suffer emotional distress, knc?av?ving that the plaintr Action AGAINST THE CITY AND RHA PERSE) .. i The plaintiffs .incerporete the paragraphs herein byreference. The City and the-.RHA violated Civil Code 1941, 1941.1, and 179203,. The violations proximater caused injury to the plainti?g?hd property. The injury resulted from aneccurrence of the nature Which the statutes we'desigrted to_ prevent. The the statUtes were adopted. . I EreH'rH CAUSEDF I . Emma _'D_t'SrR'Ess) I I. The etaEhtiffsihc'orperate the 'p.re_jg paragraphs herein by reference. The I I I emotiortei distress; The I the plaintiffs" serious emeti?rtei distress. I A I I Nmrr-r CAUSE 0F AGAINST ALL - I 7 OF ersrRess') I . .36" The: piaintiffsincorporate the-pringrparagrephs herein by reference.- The - defendants coeductwes Outrageous. The defe intended to Cause the plaintiffs emotionaidistress or acted 'with reekiess disregard __probabi_lity that the piaihtiffs were present When the conduct occurred. The plaintiffs suffered severe emotional _tress. The defendants conduct was a substantial factor in gaming the plaintiffs?sevemotionai distress. I COMPLAINT - 8 10 ?11 712. 13 14 15 16 '1726. 2'7 ?28 _offensive to the senses,_oran obstruction to the free useof?property, so as" to interfere, I plaintiffs?_ use or enjoyment of their property. The plaintiffs didnot consent tothe a - I defendants.? cohduct. An. ordinary persoh woold be reasonably annoyed or disturbed by' substantial factor incausing the plaintiffs? harm. The seriousness 'orthe harm ootweighs defendants, by acting or failing to gamed a condition-?that health, subStan,ti_ai number of people at the same time. An ordinary person would be reasonably TENTH CAUSE. OF DEFENDANTS I .37. The plaintiffs-incorporate thepreceding paragraphs herein by reference. The plaintiffs teased-the property. The defendartts, by acting or failing toect, Created a 1 condition or permitted a condition toexist that was harmful to health, indecerit or with the comfortable enjoyment of life or property. This condition interfered with the the defendants conduct. The piaintiffs were harmed.Thedefehdahtsf conduct was a the public benefit of the defehdants' conduct. I I CAUSE or-?Acrion AGAINST ALL DE-FENDANTS . - . (posuc NUISANCEL - 3-8. The plaintiffs irtoorporate theprecedirigparagraphs hereinhby reference. The indecent oroi?fehsive to the senses, or anobstruction to. the. free. use of property, so as to interfere with the comfortable enjoyment of life or property. The condition affected a annoyed or disturbed by the Condition, The serioushe'ss of the harm outweighs the . sociiai utilityof the defendants? cond_uet._The plaintiffs did not consent to the defendants? conduct. The piainti?s suffered harm that was differeh. from the type of harm suffered COMPLAINT - 9 '25the general pub?c. The defendants? conduCt was a substantialyfactor in causing the plaintiffs'_ harm, . I TWELFTH CAUSE eF ACTION THE :cmr AND RHA I 1(0er Gears SECTION 1942.4.) I I . 39. p-Ilajintif'fs incorporate the preceding paragraphs herein by reference. The City and the reht, colleCted rent. issued a notice of a rent increase, or issued a three-day netice te pay renter quit violat'ie'sr of Civil Codese'ctieh 1942.4. THIRTEEN-TH CAUSE ACTION AGAIN-STALL DEFEND-ANTS emerge40. The plaintiffs income the preceding paragraphs herein by_reference. The plaintiffs had a. right to passess The defendants ihtehtienally ahd'eUbstantiallyi interfered With. "then-plaintiffs? property' taking poseession ofithe. property and I preveatihg the plaintiffe'frem having the preperty. The plaintiffs didhot . coneeht. Theiplaintiffe Were harmed. The ante? WasasubStahtial factor . Er} gausmg . cAusE or: Acrron AGAINST ALL DEFENDANTS 4?1; The p-a?msm? use paragraphs by em; The defendants haVe been gum, of. fraud, . - . I I "rm-ream muss er: rueemmp? RHA I I I 8152,8154) I I ?42. The ?lainitiffs: incorporate .'paragraphs hereih by reference; The . city ahd?the I I II PRAYER I I I COMPLAINT- 1o 10' ?11 12 13 3.5 E7 ?18 19: 20' 21- 22__ Dated thisSeptember 18, 201.5 .43; Wherefere; the for judgment against the defendants as follows: . C?mpensatory damagesaccerding to proof; I . Special damages accordingto proof; Retreaetive rent abatemerit acCording to proof; _7 PunitivedaWcording . lnjunctive relief; Casts: of suit; (9) Attorney?s fees: and ass-the court may deem jUs?t and proper. _:'Respec:tfuiliy submitted, Mister Phillips, Esq. - Attorney for Plaintiffs COMPLAINT- 11