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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The jury issued a verdict with interrogatories. It found landlord breached the lease by overcharging tenant $825 in late fees in 2004, and awarded tenant statutory damages of three times the overcharge. It also found landlord had retaliated against tenant for exercising his rights, but determined tenant suffered no damages from the retaliation. The jury further found that for his part tenant had breached the lease by not paying $178,500 in back rent. The jury also found tenant had breached either the “do not report” or “do not interfere” (or both) provisions of the settlement agreement, entitling landlord to a refund of the $25,000 he paid under the settlement plus an additional $25,000 in damages. After calculating prejudgment interest, attorney’s fees and costs, the court awarded a net recovery to landlord of more than $453,000. This appeal followed. DISCUSSION 1. Illegality of Rent Increases

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