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compelled to vacate, there is a constructive eviction and Christie Hjelm and Justin Hjelm
are not liable for the remaining portion of rent under the lease. [¶] . . . [¶]
“Under the implied warranty of habitability in a residential lease, the defendant,
Prometheus Real Estate Group Inc., promised that premises leased to Christie Hjelm and
Justin Hjelm . . . would be maintained in a habitable state for the duration of the lease.
Defendant, Prometheus Real Estate Group Inc., was required to maintain a building,
grounds, and all area of the—all area under its control clean, sanitary, and free from all
accumulations of debris, filth, rubbish, garbage, rodents, and vermin. [¶] . . . [¶]
“If you decide that Christie Hjelm and Justin Hjelm have proven their claim
against Prometheus Real Estate Group, you must decide how much money will
reasonably compensate Christie Hjelm and Justin Hjelm for the harm. This
compensation is called damages. The amount of damages must include an award for
each item of harm that was caused by Prometheus Real Estate Group Inc.’s wrongful
conduct, even if that particular harm could not have been anticipated.
“Christie Hjelm and Justin Hjelm do not have to prove the exact amount of
damages that will provide reasonable compensation for the harm; however, you must not
speculate or guess in awarding damages. The damages claimed by Christie Hjelm and
Justin Hjelm for the harm caused by Prometheus Real Estate Group fall into two
categories called economic damages and noneconomic damages. You will be asked on
the verdict form to state the two categories of damages separately.
“The following are the items of economic damages claimed by Christie Hjelm and
Justin Hjelm; property damage; moving expenses; and lost earnings. [¶] . . . [¶]
“Christie Hjelm and Justin Hjelm seek damages from Prometheus Real Estate
Group Inc. under more than one legal theory; however, each item of damages may be
awarded only once regardless of the number of legal theories alleged. You will be asked
to decide whether Prometheus Real Estate Group is liable to Christie Hjelm and Justin
Hjelm under the following reasonable theories; negligence; premises liability;
constructive eviction; breach of the implied warranty of habitability; negligent infliction
of emotional distress; breach of the covenant of quiet enjoyment; nuisance.