Jaques, Nanette vs. AWI Management Corporation et al

On February 5, 2024, Judge Tamara Mosbarger issued a final judgment in favor of the Defendants consistent with the jury verdict. No damages were awarded to the elderly woman who accused her landlords of negligence, disability discrimination, retaliation, and negligent infliction of emotional distress.

Case Background.

On June 03, 2020, Nanette Jaques filed a disability discrimination and negligence lawsuit against her landlords before the California Superior Court, Butte County. Judges Tamara Mosbarger and Stephen E. Benson presided over this case. [Case number: 20CV01114]

Cause

Plaintiff Nanette Jaques, a senior citizen, had been a long-term resident at 1200 Park Avenue, Chico, California, since April 2018. The property, located at 1200 Park Avenue, was owned by Defendant, 1200 Park Avenue, LP (“1200”). Defendant Butte County Affordable Housing Development Corporation (“BCAHDC”) served as a general partner of 1200. Defendant Always With Integrity Management (“AWI”) managed the property. Both Defendants operated in California and were responsible for maintaining the property. Nanette, protected under California laws such as the Unruh Act and the Department of Fair Employment and Housing, leased an apartment at this address.

The lease agreement mandated good faith and fair dealing from both landlord and tenant. Nanette was a model tenant with no complaints or warnings during her residence. However, on November 8, 2018, the Camp Fire, the deadliest wildfire in California history, ravaged Butte County, creating a severe housing shortage.

Approximately six months later, on May 21, 2019, while using the laundry facility on the third floor of the apartment building, Nanette encountered an issue. The dryers on this floor were stacked two high, each weighing about 200 pounds, and not secured. While using the top dryer, Nanette’s clothes became stuck. As she tried to retrieve them, the top dryer fell off the bottom one. The impact of the falling dryer caused Nanette to fall backward and sustain significant injuries, including to her brain and back. She did not recall returning home or events following the injury.

Nanette sought medical attention at Ampla and visited a chiropractor. On July 4, 2019, a neighbor took her to the emergency room. That same day, Nanette informed the property manager of her injuries from the May 21 incident. Shortly thereafter, starting around July 15, 2019, Nanette received “Notice of Lease Agreement Violation” notices, threatening eviction amid the county-wide housing crisis. No prior notices had been issued before her injury.

Injury

The incident caused Plaintiff significant physical injuries. As a result, she needed emergency medical treatment and care from various specialists. These included her primary care physician, a neurologist, a cognitive therapist, a physical therapist, a pain management specialist, and a neurosurgeon. She also underwent several diagnostic imaging studies.

Furthermore, Plaintiff experienced fear, anxiety, and depression due to management’s ongoing and unjust threats of eviction. This distress occurred during a severe housing crisis.

Damages

Plaintiff sought compensatory damages, which included both general and special damages. These damages covered medical expenses, future expenses, and emotional distress. Additionally, she requested nominal damages, attorney’s fees, and costs related to the lawsuit. She also asked for pre-judgment interest and punitive damages.

Moreover, Plaintiff sought injunctive relief. She wanted the court to prevent Defendants from issuing baseless lease violation notices that could lead to her eviction.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Nanette Jaques
    • Counsel for Plaintiff(s): Patricia Anne Savage | Nicole B. Reimer
  • Defendant(s): 1200 Park Avenue, LP | AWI Management Corporation | Butte County Affordable Housing Development Corporation
    • Counsel for Defendant(s): Bill Ford | James Edmond Burns III

Claims

Nanette Jaques’ claimed that the dryers on the third floor of the apartment at 1200 Park Avenue, Chico, California, were stacked too high and not secured or anchored to the wall. As a result, one of the top dryers fell off the bottom dryer while Plaintiff was using it. The falling dryer caused Plaintiff to fall backward and sustain injuries.

The Plaintiff required extensive medical treatment for these injuries. Additionally, the threats of eviction and repeated notices from the on-site apartment manager caused Plaintiff severe stress, anxiety, fear, and uncertainty. Alongside these notices, the Defendants’ on-site manager accused Plaintiff of various violations, compounding her distress.

The Plaintiff alleged that these actions amounted to disability discrimination under Government Code Section 12900 et seq. She suffered a severe mental impairment that limited her major life activities following the brain injury she sustained on May 21, 2019, in the laundry facility.

By July 2019, Defendants began to target Nanette, repeatedly threatening her housing stability. The Plaintiff believed that her disability was a key factor in the Defendants’ threats to evict her.

Defense

The Defendants denied all allegations of negligence, disability discrimination and retaliation levied against them.

Jury Verdict

A twelve-person jury in Butte County, California deliberated and returned a defense verdict in the present disability discrimination and negligence lawsuit. The jury found that the Defendants had not been negligent. Further, the jury held that the Defendants were exercising their legal rights and that their conduct was lawful and consistent with community standards. The jury also found that the Defendants believed in good faith that they had the right to engage in such conduct.

The jury determined that Jaques’ disability was not a motivating factor for the Defendant’s repeated notices of lease violation which if continued may have led to potential eviction. It was also found that Defendant did subject Plaintiff to repeated threats of eviction but Plaintiff’s report of her injury due to unsafe condition was not a motivating factor.

The jury awarded 100% of contributory negligence to the Plaintiff. No damages were awarded to the Plaintiff for claims of negligence, negligent infliction of emotional distress, disability discrimination, and retaliation.

On February 5, 2024, Judge Tamara Mosbarger issued a judgment in favor of the Defendants consistent with the jury verdict. As a result, Plaintiff received nothing from Defendants. Additionally, the court awarded Defendants costs amounting to $43,513.71, under CCP Section 1033.5 and CRC Rule 3.1700.

Court Documents:

Available upon request