Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)

Citation: Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)
Parent Document: Chacon v. Litke, 181 Cal. App. 4th 1234 (2010)
Jurisdiction: California (state)
Effective Date: 2010-01-19
Original Source: https://www.courtlistener.com/opinion/2256036/chacon-v-litke/ ↗

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The court awarded damages, finding that the unexpired term of the Chacons’ tenancy on January 11, 2005, was 20 years. Using Devine’s calculations, the court found the loss of use damages of Jorge Sr. and Gilma had a net present value of $381,825. Those damages were trebled pursuant to section 37.9, subdivision (f), for a joint award to Jorge Sr. and Gilma of $1,145,475 in economic damages. The court did not award loss of use damages to the Chacon children, who had paid no rent for their use and occupancy. The court awarded emotional distress damages of $25,000 each to Jorge Sr. and Gilma, $20,000 to Tania, $10,000 to Jorge Jr., and $10,000 to Amilcar. It did so, finding that Litke knew that Jorge Sr. and Gilma were in poor health and living on a fixed income of $1,500 per month, that Tania recently had given birth, and that Jorge Jr. and Amilcar depended on their parents for a place to live. Litke’s conduct in taking permanent possession of the apartment was outrageous, “because he acted in complete disregard for the impact the eviction would have on the [Chacons’] lives and the likely mental distress the eviction would cause all of them to suffer.” The court did not award punitive damages.

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