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NORTHERN CALIFORNIA RECORD

Friday, June 28, 2024

Tenant Sues Landlord Over Fire That Caused Severe Injuries

State Court
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A tenant's harrowing ordeal has led to a significant legal battle against her landlord. On June 10, 2024, Celestine Orizaba Monroy filed a complaint in the Superior Court of California for the County of Sacramento against Alexander J. Hoeffner and the Hoeffner A J & Bracchi D P Trust.

The lawsuit stems from a catastrophic fire that occurred on October 31, 2022, at Monroy's rental property located at 4026 43rd Street, Sacramento. According to the complaint, an electrical panel on the northern border of the property suddenly caught fire while Monroy was asleep. The flames rapidly spread throughout the house due to the absence of functioning smoke detectors, which Monroy alleges were never installed by Hoeffner or his trust. "Plaintiff eventually awoke to the sight of flames engulfing her home and began to scream for help before losing consciousness," reads a chilling excerpt from the complaint.

Monroy was rescued by firefighters but sustained third-degree burns covering nearly 18 percent of her body and tragically lost her dog in the blaze. The plaintiff asserts that Hoeffner had been notified about defective electrical issues by tenants prior to the fire and that an inspection by SMUD in 2021 had already flagged the need for repairs or replacement of the electrical panel. Despite these warnings, no adequate measures were taken.

Adding to Monroy's claims is an allegation that Hoeffner removed crucial evidence from the property after being instructed not to do so by fire investigators. This act potentially obstructed further investigation into what caused the fire.

The complaint cites multiple violations including negligence and premises liability under California Building Code §310, which mandates landlords install adequate smoke detectors in residential properties. "Defendants knew or should have known that the leased property did not have properly functioning smoke detectors or fire alarms," it states.

Monroy is seeking general damages exceeding jurisdictional limits, special damages for medical care and loss of income, as well as other relief deemed just by the court. The case is represented by Glenn M. Kenna from Curtis Legal Group.

Judge presiding over this case is yet unnamed but it has been assigned Case No. acts O11 442.

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