A family in Sacramento is taking legal action against their landlord, alleging severe neglect and hazardous living conditions. The complaint was filed by Mina Opiani, Roshan Opiani, Sayed Opiani, and Shahnaz Opiani in the Superior Court of California, County of Sacramento on August 29, 2024, against Shenandoah Preservation Limited Partnership and John Stewart Company.
The plaintiffs have resided at 6205 Riverside Blvd., Unit #234 since 2018. They claim that their landlord has failed to maintain the property adequately, leading to significant health and safety issues. According to the complaint, the apartment has been plagued by a cockroach infestation since they moved in. Initially a minor inconvenience, this problem has escalated over time, rendering the unit unsanitary and unsafe. Furthermore, the plaintiffs allege that they have been without a properly functioning refrigerator for more than two years. This malfunctioning appliance fails to maintain safe temperatures for food storage.
The plaintiffs also report that these unsanitary conditions have led to various health complications, including respiratory issues and chest discomfort. Despite these severe problems with the unit, rent has increased from $900 per month in 2018 to $1,261 per month currently—a 40% increase—while the state of the unit has significantly worsened due to the defendants' failure to address necessary maintenance issues.
The complaint lists multiple violations of both Sacramento Housing and California Health and Safety Codes. It describes numerous instances where the property was inadequately maintained and posed a clear hazard to its occupants' health and safety. Additionally, significant mold and water leaks have exacerbated these issues.
The lawsuit includes several causes of action: breach of covenant of quiet enjoyment under Civil Code §1927 and common law; breach of written contract; breach of covenant of good faith and fair dealing; negligence; breach of implied warranty of habitability under both contract and tort law; fraudulent concealment under CA Civil Code §1710; and nuisance.
The plaintiffs argue that their relationship with the defendants inherently included a covenant of quiet enjoyment which was breached due to substantial interference with their right to use and enjoy their home. They allege that despite being aware of these conditions, the defendants willfully failed to correct them within a reasonable period. The plaintiffs are seeking punitive damages as they believe the defendants acted with malice and oppression.
Additionally, they claim that by failing to maintain habitable conditions or make necessary repairs promptly, the defendants breached both written contracts (the lease) and implied warranties of habitability. The plaintiffs assert that these breaches resulted in personal injury, emotional distress, loss of use and enjoyment of their home, overpayment for utilities and rent.
In terms of relief sought from the court, the plaintiffs are asking for general damages for personal injury and emotional distress; special economic damages; preliminary and permanent injunctions ordering necessary repairs; restitution; statutory treble damages; punitive damages according to proof; reasonable attorneys’ fees under relevant California codes; pre-judgment interest; post-judgment interest; as well as any other relief deemed just by the court.
Representing the plaintiffs is Brian D. Sudano from Sudano Law Firm. The case is presided over by Judge L. Baldwin under Case No.: 2 “OTr 210”.