A family has filed a lawsuit against their landlords, alleging severe negligence and breach of contract that led to uninhabitable living conditions. The complaint was filed by Cheryl D. Bossio, Esq., in the Superior Court of California, County of Sacramento, on July 11, 2024, against Guardian/KW Hilltop, LLC, FPI Management, Inc., and several individuals.
The plaintiffs—Sedigheh Nuss, John Nuss, and their children Kian (3), Kiara (1), and Aiden (13)—allege that they suffered personal injuries and property damage due to dangerous conditions at their rented apartment unit in Bella Vista at Hilltop. According to the complaint, the family moved into the residence on November 6, 2021. They soon discovered numerous structural defects including leaks, elevated moisture levels, plumbing issues, water intrusion from defective windows, musty odors, and mold contamination. Despite repeated complaints to the defendants Anayareli Garcia, Yaquelin Reyes, and Cynthia Contreras Blas about these issues over their tenancy period until April 11, 2024, no substantial repairs were made.
The family's health deteriorated due to the environmental hazards present in their home. The children experienced respiratory distress among other symptoms while the parents also suffered from breathing difficulties and allergic reactions. "The mold issue is not limited to one area; it has spread to both our bedroom and bathroom," they informed the defendants in October 2023. Even after city inspectors issued a "Notice of Violation" for uninhabitable conditions and lack of proper permits for work done at the residence in March 2024, necessary repairs were still not performed.
In addition to negligence claims under various civil codes and municipal regulations meant to protect tenants from substandard living conditions (such as Civil Code §1941.1 et seq., Health & Safety Code §17920.3 et seq., Richmond Municipal Code Section 11.103), the plaintiffs are also accusing the defendants of constructive eviction. They argue that due to persistent unaddressed issues making the property unsafe for habitation they had no choice but to vacate.
The plaintiffs seek compensatory damages for emotional distress pain suffering out-of-pocket expenses legal fees medical costs loss of personal property punitive damages for gross negligence attorney's fees costs incurred treble damages under Richmond Municipal Code Section 11.103 et seq.
Representing the plaintiffs are attorneys Cheryl D. Bossio and Agatha I Panday from Bossio Law Professional Corporation Sausalito CA Judge overseeing case Case ID No 24cc*O138807