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    Re: Another Mold Settlement

    Posted by Mike B. on 11/27/07

    Okay, AW.

    First, let me point out that you're using only a "fragment" of your
    post, obviously choosing to leave out the racial slurs. Do as you
    say; not as you do.

    To answer your hypothetical as limited below, I would never own a
    building that has the problems this piece of real estate obviously
    had. Plain and simple.

    I know you can't accept that answer because of its simplicity and
    truthfulness. You can't have any reasonable argument or rant
    against that answer because you don't know me.

    Further, I firmly believe that no matter a person's position in
    life, they and their home can be clean. If you see mold in your
    home and don't clean it, then you chose to live with it. If you sue
    someone because of mold in your home that you didn't keep clean,
    then the landlord should and will use that as a defense.

    Considering the injuries and illnesses claimed by the tenants, and
    the number of people claiming to be injured, I believe the amount
    of the settlement reflected some of these defenses. I base that
    feeling on over 20 years of education, experience and training I
    have gained while working successfully on environmental and toxic
    tort litigation.

    On 11/27/07, ff wrote:
    > Mike B.:
    > Here, I'll help you to get started.
    > Assuming the description of the referenced property was
    > accurate, hypothetically, how would you as a landlord, have
    > handled the situation?
    > ff
    >> On 11/20/07, ff wrote:
    >>> Mike B.:
    >>> The rest of the story could be...?
    >>> ...the litigants' state of health has continued to decline,
    >>> while at the same time, the previous landlord has leased the
    >>> contaminated property to more families, claiming that the
    >>> CDC, US Chamber of Commerce, ACOEM, and other credible
    >>> entities stand behind him in his accepted view that mold is
    >>> harmless.
    >>> ff
    >>> On 11/19/07, Mike B. wrote:
    >>>> What are ya'll doing wrong with your litigation?
    >>>> Apartment Mold
    >>>> Oakland, CA: (Nov-18-07) Twelve immigrant families who
    >>>> lived in a dilapidated, unheated, mold and cockroach
    >>>> infested apartment, brought charges against their
    >>> landlord,
    >>>> Roosevelt Owyang, accusing him of not providing a
    >>> habitable
    >>>> dwelling at the complex. The suit also alleged breach of
    >>>> contract. The former tenants stated that rain water leaked
    >>>> into their apartments from windows and ceilings so the
    >>>> apartments were constantly damp and mold was thick.
    >>>> Cockroaches were everywhere, and stairway railings and
    >>>> floorboards were often broken. Several plaintiffs claimed
    >>>> that they developed asthma along with the 39 former and
    >>>> current residents who are party to the suit. Several
    >>> others
    >>>> claimed that they suffered from chronic sinusitis and
    >>> upper-
    >>>> respiratory problems as a result of staying at the
    >>>> apartment. The complaint was filed in state Superior Court
    >>>> in Alameda County. As part of a settlement reached, the
    >>>> twelve immigrant families received a $1.3 million payout,
    >>>> resolving the lawsuit. [INSIDE BAY AREA: APARTMENT MOLD]

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