PR SM Anacapa LLC v. Charmaine Friedman

• Court: California State, Los Angeles County, Superior Court
• Case Number: 23SMCV04597
• Filed: September 19, 2023
• Judges: H. Jay Ford, III
• Case Type: Unlawful Detainer/Residential (not drugs or wrongful eviction) (General Jurisdiction)

Parties Involved

• Plaintiff(s): PR SM Anacapa LLC
  • Counsel for Plaintiff: Tania K. Cardoso

 

• Defendant(s): Charmaine Friedman
  • Counsel for Defendants: No Information available

Verdict Information

• Verdict Date: May 8, 2024
• Total damages awarded to Plaintiff: $68,992.56
  • Unpaid Rent: $27,410
  • Rent from February 1, 2023, through May 8, 2024: $41,512.56

About the Case

Cause

PR SM Anacapa, LLC, represented by HC Law, APC, initiated an unlawful detainer action against Charmaine Friedman in Los Angeles County Superior Court. The complaint alleged that Friedman rented a property located at 1531 6th St. #304 in Santa Monica, California. The rental agreement commenced on September 23, 2018, with an initial monthly rent of $2,360. The rent was subsequently increased to $2,811 per month, effective September 1, 2022, pursuant to an agreement between both parties and in accordance with California law. On January 26, 2023, the plaintiff served a 3-day notice to pay rent or quit by posting a copy on the premises and mailing a copy to the defendant. The notice claimed $27,410 in past-due rent. When Friedman failed to comply with the notice by January 31, 2023, the plaintiff proceeded with the unlawful detainer action. The complaint stated that the fair rental value of the premises was $93.70 per day.

Injury

The injury in this case centered on the landlord's financial loss due to unpaid rent. PR SM Anacapa, LLC alleged that Charmaine Friedman failed to pay $27,410 in rent for the Santa Monica apartment. This substantial sum represented multiple months of missed payments, causing significant economic harm to the property owner. The injury extended beyond the immediate monetary loss, as the landlord was deprived of the expected income from their investment property. Additionally, the continued occupation of the premises without payment prevented the landlord from re-renting the unit to a paying tenant, further exacerbating their financial injury. The landlord also incurred additional costs, including legal fees, to initiate the eviction process.

Damages

The plaintiff requested several remedies from the court, including possession of the premises, payment of past-due rent, reasonable attorney fees, forfeiture of the rental agreement, and damages at the rate of $93.70 per day from February 1, 2023, until the defendant vacated the property. Notably, the complaint acknowledged that the tenancy was subject to Santa Monica's Rent Stabilization Ordinance, passed on April 10, 1979, and asserted that the plaintiff had met all applicable requirements of the ordinance.

Jury Verdict

The jury found that Friedman failed to make at least one rental payment to PR SM Anacapa, LLC as required by the lease. The jury also determined that PR SM Anacapa, LLC properly gave Friedman a written notice to pay the rent or vacate the property at least three days before September 19, 2023. Additionally, the jury concluded that the amount due stated in the notice was no more than the amount Friedman actually owed. However, the jury found that Friedman did not pay or attempt to pay the amount stated in the notice within three days after service or receipt of the notice. They determined that the total unpaid rent owed by Friedman amounted to $27,410. Additionally, the jury assessed damages for PR SM Anacapa, LLC. They calculated the reasonable rental value of the property from February 1, 2023, through May 8, 2024, to be $41,512.56. Court Documents: Available upon Request