Constance Cook vs. Gwendolyn Smith

Case: Plaintiff Constance Cook v. Defendant Gwendolyn Smith, Case No.: SCV-247027

Party Represented: Plaintiff Landlord

Case Summary: Plaintiff filed an action for unlawful detainer in August 2009 for failure to pay rent. After a substantial amount of procedural delays based on the Defendant filing various motions, including, but not limited to, four motions to quash, two writs to the appellate court, one appeal to the appellate court, one petition to the California Supreme Court, and one motion to change venue, the matter was set for trial on October 27, 2010. At trial Plaintiff requested a judgment for all back due rent and treble damages for Defendant's malicious, willful, deliberate, and intentional holding over. Defendant defended the action claiming, inter alia, breach of the warranty of habitability and retaliatory eviction.

Result: Judgment in favor of Plaintiff for all back due rent and treble damages in the amount of $49,635.96

Cook Final Judgment and Statement of Decision

Press Democrat articles:

THE PRESS DEMOCRAT: December 20, 2010

THE PRESS DEMOCRAT: November 4, 2010

THE PRESS DEMOCRAT: September 1, 2010

THE PRESS DEMOCRAT: August 11, 2010

THE PRESS DEMOCRAT: April 8, 2010