Macdonald v. Rosenfeld

On March 1, 1942, plaintiff was and for some six years had been a tenant in an apartment house in Los Angeles known as the Huntley Apartments. For several years her rent had been $22.50 per month. Defendant George S. Allen acquired the property and accepted from plaintiff and gave his receipt for $22.50 as rent for the month of March. Thereafter, a dispute arose between the parties as to whether plaintiff should pay $22.50 or $30 per month for her apartment. No legal notice was given by defendant of an increase in the rent to $30. The dispute found its way to the O. P. A. office of rent control, but the ramifications of the controversy need not be recounted here, since the trial court found that plaintiffs rent was $22.50 per month, and it is conceded on the appeal that there was sufficient evidence to support this finding. It was alleged in the third amended complaint that defendant engaged in a persistent and protracted scheme and effort to force plaintiff to vacate her apartment, which she finally did, but not until after she had instituted her present action in June, 1945. The action is for damages occasioned by a continuous course of persecution and abuse which prevented plaintiff from enjoying the peaceful occupation of her apartment, which was her home. In a court trial plaintiff was awarded $2,500 actual damages, and $2,500 punitive damages, and defendant appeals.