In a dramatic legal battle unfolding in San Francisco, two tenants have filed a lawsuit against the developers and managers of a luxury high-rise apartment building, alleging that their once-coveted residences have turned into a living nightmare. On November 21, 2024, Aaron Reardon and Kenneth Fox lodged their complaint in the Superior Court of California, County of San Francisco, targeting Hines Interests Limited Partnership and associated entities.
The plaintiffs recount a harrowing series of events at 33 Tehama Street, marketed as the pinnacle of luxury living in San Francisco's South of Market district. Despite its glamorous facade and promises of unmatched service and breathtaking views, the building has been plagued with issues since its opening in 2018. The situation reached a boiling point on June 3, 2022, when a catastrophic water leak flooded the building from its top floors downwards. Tenants were forced to evacuate immediately, incurring significant expenses for temporary accommodations while facing an uncertain future regarding their homes.
Reardon and Fox accuse the defendants of negligence and breach of contract among other allegations. They assert that the defendants failed to secure necessary permits for repairs following multiple flooding incidents and left tenants without access to their homes or belongings for months. "Tenants were left wondering if they would ever return home," states the complaint. Furthermore, security footage reportedly captured workers hired by the defendants stealing from tenants' units during this period.
The plaintiffs are seeking compensatory damages for financial losses incurred due to displacement and emotional distress caused by these events. They also demand punitive damages for what they describe as malicious conduct by the defendants. The lawsuit claims violations under several laws including California Civil Code Section 1941 et seq., Breach of Covenant of Quiet Enjoyment, Nuisance, Constructive Eviction, Negligence, and specific San Francisco Administrative Codes.
Representing Reardon and Fox are attorneys Niall P. McCarthy, Sarvenaz J. Fahimi, David G. Hollenberg, and Kevin J. Boutin from Cotchett, Pitre & McCarthy LLP. The case is filed under Case No. CGC-24-619993 in front of Judge Sahar Enayati.