Legal Question in Real Estate Law in California
Class-action suit?
The day my lease was up, my landlord entered my unit while I was out, removed all my property, then improperly stored it, losing most of the valuables (probably to employee theft.)
I later found out that this landlord was a NYSE-listed company (ACC) with a locally owned subsidiary running this particular 500 unit complex. I also found out the landlord had a PRACTICE of doing this. When I went to pick up what remained of my personal belongings, my stuff was mixed in indiscriminately with the clothes and belongings of apparently a dozen others.
I drafted a complaint alleging trepass, conversion, invasion of privacy, IIED and B&P 17200.
A fancy Fresno law firm was hired.
Help! I do not have the money or expertise to prosecute the case. The other plaintiff's have to be found a proper joinder device settled upon.
Is this case worth pursuing? What if 50 more aggrieved former tenants were found? Economy of scale with a class action or waste of time?
2 Answers from Attorneys
Re: Class-action suit?
When you say "The day my lease was up," do you mean (A) the last day of the lease term, or (B) the first day following the end of the lease term? It make a difference in the applicable law. Your landlord still has duties toward you and your property after the lease expires, but the rights and duties differ depending upon which side of that divide you're on at the moment of the property removal.
What did the fancy Fresno law firm have to say about turning this into a class action?
Certifying a class action depends to some extent, and among other factors, of the court's view of the sponsoring law firm's experience, competence and depth. A one-man shop will rarely if ever achieve certification for a proposed class action.
I am skeptical about this particular situation being of interest to firms in the class-action area of practice. The reasons include the relatively small provable monetary damage sustained by typical class members and the wide variation from member to member, with some such as yourself substantially harmed and others maybe not at all, or suffering only minor inconvenience.
Re: Class-action suit?
How many tenants are out there, and how much have they lost? Who is the landlord? Yes it is possible to represent all plaintiffs if they are all interested in pursuing this. I have worked on cases where multiple plaintiffs have gotten together. Send me an email today or tomorrow.
Best,
Daniel Bakondi, Esq.
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