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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hjelm v. Prometheus (2016)

Citation
Hjelm v. Prometheus (2016)
Parent Document
Hjelm v. Prometheus (2016)
Jurisdiction
California (state)
Effective Date
2016-10-05

Full Text

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       “Economic damages are recovered [sic: recoverable] under the following legal
theories[:] negligence; premises liability; constructive eviction; breach of the implied
warranty of habitability; breach of the covenant of quiet enjoyment.
       “Noneconomic damages are recovered [sic: recoverable] under the following
legal 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; and nuisance.”
       The jury verdict included findings for the Hjelms on multiple theories, including
their claims for constructive eviction, breach of the warranty of habitability, and breach
of the covenant of quiet enjoyment. And the jury answered “[y]es,” the Hjelms were
damaged under each theory, in answers to questions B3, C3, and E3.
       The penultimate page of the verdict reads as follows:
       “DAMAGES
       “If Christie Hjelm and Justin Hjelm have proved any damages, then please
proceed below. [¶] . . . [¶]
       “If you answered ‘YES’ to any of the following questions: Question No. A.4, B.3,
C.3, E.3 or G.4, please answer the following section:
       “1. What are Christie Hjelm and Justin Hjelm’s total economic damages?
       “Economic loss
       “Property damage and loss $6,965
       “Moving expenses $2,687
       “Lost earnings $600
       “Security deposit $1,400
       “Total Economic Damages: $11,652
       “If you answered ‘YES’ to any of the following questions: Question No. A.4, B.3,
C.3, D.3, D.4, E.3, F.5, please answer the following section:
       “2. What are Christie Hjelm’s total non-economic damages?
       “Non-economic loss for Christie Hjelm
       “Past noneconomic loss, including