Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)

Citation: Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)
Parent Document: Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)
Jurisdiction: California (state)
Effective Date: 2008-10-29
Original Source: https://www.courtlistener.com/opinion/2259791/gombiner-v-swartz/ ↗

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Phase 2 of the trial was tried to a jury. Based on its Phase 1 rulings, the court prohibited tenant from informing the jury that Judge Abrams had found the rent increases violated the RSO. To the contrary, the court instructed the jury that the negotiated rent increases in the settlement agreement and second lease amendment meant tenant could not claim that he overpaid rent. In addition, the court barred tenant from telling the jury that he had withheld rent payments to offset the rent increases. The court reasoned that tenant had assumed the risk of his own “error in judgment” in choosing not to pay rent based on Judge Abrams’s findings and he must live with the consequences of his error.

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