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NORTHERN CALIFORNIA RECORD

Tuesday, November 5, 2024

Tenant Alleges Property Management Company Breached Habitability Standards

State Court
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Joana Martino Rios has filed a lawsuit against Curtner Studios, L.P., alleging severe housing violations that rendered her apartment uninhabitable. The complaint was filed on September 24, 2024, in the Superior Court of California, County of Santa Clara. The plaintiff accuses Curtner Studios of multiple breaches, including failing to address a cockroach infestation that forced her to vacate the premises.

The case centers around Joana Martino Rios's tenancy at 701 Curtner Avenue Unit #321 in San Jose, California. According to the complaint, Ms. Rios entered into a lease agreement on June 30, 2024, under the California Tax Credit Allocation Committee program for low-income tenants. Her monthly rent was set at $960. Shortly after moving in, she discovered a severe cockroach infestation and notified the landlord immediately. Despite repeated requests for remediation, the landlord allegedly failed to act. An inspection by the City of San Jose on August 28 confirmed the infestation's existence.

Ms. Rios's legal action includes ten causes of action against Curtner Studios and unnamed defendants DOE 1 through DOE 10. These include breach of warranty of habitability under Civil Code §§ 1941 et seq., nuisance claims due to harmful living conditions affecting her enjoyment of life and property, and violation of the San Jose Tenant Protection Ordinance (SJMC § 17.23). The plaintiff also alleges unfair business practices under Business and Professions Code §§ 17200 et seq., breach of contract, negligence in maintaining habitable conditions as per state law requirements (Cal. Civ. Code § 1941.1), substandard housing conditions violating SJMC § 17.20.900, negligent infliction of emotional distress due to extreme stress from unsafe living conditions, and constructive eviction forcing her out due to hazardous circumstances.

In her prayer for relief, Ms. Rios seeks judgment exceeding $75,000 for general and special damages alongside disgorgement of rent collected from an uninhabitable unit. She demands injunctive relief requiring rehabilitation efforts by Curtner Studios and reinstatement offers for renting back her unit post-rehabilitation completion; actual/statutory damages based on municipal code provisions; prejudgment interest as allowed by law; punitive damages under specific municipal codes; restitution covering unjust revenue/rent collection; civil penalties according to city ordinances; reasonable attorney fees/costs granted via municipal/legal provisions plus any further court-deemed appropriate remedies.

Representing Joana Martino Rios are attorneys Abid Aziz and Sruli Yellin from Aziz Yellin LLP based in San Jose while Judge J Nguyen presides over Case ID: 24CV448005 at Santa Clara County Superior Court.

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