In a compelling legal battle, an individual and a trust have filed a lawsuit against a construction company, accusing it of multiple offenses including breach of contract and financial elder abuse. The complaint was lodged by Melinda Chau, along with Kang Chau and Jeancy Hey Yim as trustees of the Kang Chau and Jeancy Hey Yim Revocation Trust, in the Superior Court of California, County of San Francisco on February 7, 2025. The defendants named in the case are Prosper Construction Development, Inc., its CEO Oshri Malka, and other unnamed parties.
The plaintiffs allege that Prosper Construction Development failed to adequately repair a leaking roof at their property located at 4493 Mission Street in San Francisco. According to the complaint, the issue began on February 1, 2024, when Melinda Chau discovered water damage caused by a roof leak. Despite assurances from Prosper Construction that the repairs were completed successfully on April 3, 2024, the roof leaked again during rainfall on November 20, 2024. This repeated failure led to significant damage to the property's interior.
The lawsuit outlines several causes of action against Prosper Construction Development and its CEO Oshri Malka. These include breach of contract for not performing repairs professionally or using appropriate materials; negligence for failing to properly diagnose and fix the leak; intentional misrepresentation for falsely claiming expertise in repairing the roof; and financial elder abuse under California Welfare and Institutions Code § 15610.27 due to exploiting elderly beneficiaries of the trust by accepting payment for inadequate services.
The plaintiffs seek various forms of relief from the court. They demand $89,000 in damages alongside injunctive relief requiring proper repair of the roof without additional costs. They also request general and punitive damages covering repair costs, diminution in property value, and loss of enjoyment. Furthermore, they seek treble damages under California law due to elder abuse claims and demand that all necessary repairs be certified by a licensed contractor.
Representing Melinda Chau and the trust is attorney Reshma Kamath from her law office based in Menlo Park, California. The case is filed under Case No.: CGC-25-622196 with demands for both jury trial and early preferential trial date due to age-related considerations for one trustee born in 1953.