Richardson v. Pridmore

• Decision Date: 24 April 1950
• Court: California Court of Appeals Court of Appeals
• Parties: , 17 A.L.R.2d 929 RICHARDSON v. PRIDMORE et al. Civ. 14268.

Page 113

217 P.2d 113

97 Cal.App.2d 124, 17 A.L.R.2d 929

RICHARDSON v. PRIDMORE et al.

Civ. 14268.

District Court of Appeal, First District, Division 1, California.

April 24, 1950.

Morris M. Grupp, Remington Low, San Francisco, for appellants.

Andrew J. Eyman, Bernard B. Glickfeld, San Francisco, for respondent.

PETERS, Presiding Justice.

Plaintiff, Dorothy Richardson, and her husband were tenants in an apartment owned by defendant Friedman and managed by defendant Pridmore. The defendants unlawfully evicted the plaintiff and her husband. Plaintiff then brought this action alleging three causes of action. The first is in tort for damages for the wilful and unlawful eviction of the plaintiff, who was then pregnant and shortly thereafter suffered a miscarriage; the second is for damage to plaintiff's clothing, while the third is for conversion of plaintiff's property. The jury returned verdicts for the plaintiff on all three causes of action, fixing the damages on the first at $7,250.00, on the second at $25.00, and on the third for $50.00. On the motion for a new trial the plaintiff consented to a reduction to a total of $4,825.00. From the judgment in that amount defendants appeal.

The evidence shows a deliberate and intentional eviction of the plaintiff by defendants. Plaintiff and her husband moved into the Lassen Apartments in San Francisco as month-to-month tenants of a single room in May or June of 1947. To secure even these unsatisfactory accommodations plaintiff and her husband were forced to pay the manager who preceded Pridmore a bonus of $30.00. Shortly after the plaintiffs moved in, Pridmore became manager. There were 78 apartments in the building. The plaintiff and her husband were desirous of securing more room, but when Pridmore was approached she demanded a substantial bonus. Plaintiff promised to give Pridmore $50.00 as a bonus, and, as a result, on July 2, 1947, was able to secure a larger apartment in the same building. The bonus was never paid. It is a reasonable inference from the evidence that the failure to pay this bonus was the motivating cause of Pridmore's subsequent actions.

On July 2, 1947, plaintiff paid the rent to Pridmore, and on August 2, 1947, paid the rent for the period expiring on September 2, 1947. The apartment and the furniture were not in good condition, and plaintiff and her husband, at their own expense, repainted the floors and walls, and plaintiff made slip covers for the furniture and bought drapes for the living room and kitchen. Plaintiff received one key to the apartment from Pridmore. Plaintiff's brother arrived in San Francisco shortly after the apartment was rented and, because he was unable to find a place to stay, lived with plaintiff and her husband for some weeks, with the acquiescence of Pridmore.

In August of 1947, plaintiff was 19 years of age and was a little over two months pregnant. It was her first pregnancy. She was in excellent physical condition. She was a professional entertainer and was working week ends. Her husband was an oiler on construction rigs. He was desirous of securing a union card as an operator, but was unable to do so in San Francisco. He secured an offer of a job at Tracy, which he accepted, where he could work as an operator and thus qualify for an operator's card. His intention was to stay in Tracy only long enough to get his card, and then to return to San Francisco. He had no intention of abandoning the San Francisco apartment.

On August 17, 1947, the plaintiff and her husband left for Tracy. They took with them the husband's work clothes, a few cooking utensils and a small table. They left in the apartment the balance of their belongings, including the slip covers, drapes, most of their dishes, and most of plaintiff's clothes, and some of her husband's. Pinned on the wall of the apartment they left a note to plaintiff's brother which read: 'Chuck--Bill and I got a place in Tracy. Will be back in three or four days. Don't say anything about our moving yet. Leave a note and tell us your address. Love, Dot and Bill.' Plaintiff testified that the reason for the third sentence was that she did not want to have her brother have their mailing address changed to Tracy, and that her brother would have understood exactly what she meant. This note was removed by Pridmore from the apartment and kept by her. She failed to tell plaintiff's brother about the note, although she saw him several times in and about the apartment house.

As plaintiff's husband, assisted by his brother, were moving their things on August 17th in preparation for the trip to Tracy, they met Pridmore, who asked if they were moving out. Plaintiff's husband testified that he told the manager that they were not moving, but were simply going out of town for a few days. This was corroborated by his brother. Plaintiff and her husband then went to Tracy, where they moved into a motel, paying for their room on a day-by-day basis.

On August 29, 1947 plaintiff returned to San Francisco to get some of her husband's clothes. She discovered that her key would not operate the lock on her apartment door. She rang the bell and the door was opened by a woman. In her apartment plaintiff saw a man in bed and a small child playing on the floor. She asked what these people were doing in her apartment and the woman told her that she had rented the place, and not to argue with her about it but to go down and see the manager. Plaintiff thereupon went down to see Pridmore and asked her why she could not get into her apartment. Pridmore replied that she had been told by plaintiff that they were leaving. This was denied by plaintiff, who then asked Pridmore where her clothes and other belongings were. Pridmore replied that they were in the basement. Plaintiff thereupon left and went to her sister-in-law's home.

Pridmore denied that plaintiff had been at the apartment on August 29th, testifying that she first returned on the morning of the 30th. She claimed that she did not rerent the apartment until September 2nd, and did not have the lock changed until that date. She also testified that the man and woman in the apartment were there solely to clean the apartment. The brother of plaintiff testified that he went to the apartment on August 24th or 25th and that his key would not then work. There was evidence by a locksmith that the lock had been changed on August 18th or 19th, and further, that, after this action was filed, Pridmore asked for a receipt for the work and requested that the receipt be dated, falsely, as of September 2, 1947. These conflicts were for the jury.

After leaving the apartment house on August 29th, plaintiff visited her sister-in-law, who told her to see the district attorney. At that office she was advised to get an attorney, and did so. That night she returned to Tracy. The following day she returned from Tracy and again consulted a deputy at the district attorney's office. She was sent to a police precinct station where arrangements were made to have a police officer accompany her to the apartment. In his company plaintiff went to the apartment, and in his presence tried the key, but it would not work. The two went down to see Pridmore who told the officer: 'Well, I want to get rid of those people; their clothes is down in the basement.' Pridmore admitted that the rent was paid, but refused to permit plaintiff to go into the apartment. The three of them then went to the basement where plaintiff's possessions were in an untidy heap on the storeroom floor. Some of the belongings had been placed in large cardboard cartons, but the clothes were on the floor. The officer testified that Pridmore told plaintiff 'to get her stuff and take it out of the house, she was in a hurry or something,' and that he replied: 'Just a minute; don't get so rough about this thing. * * * You can't get away with this kind of stuff; the girl has got her rent paid. You throw her out, lock her room, and then order her out of the house. That isn't the right thing to do.' Pridmore would not let plaintiff use the freight elevator, so that plaintiff was required to carry her things through the basement, up a flight of stairs and to the street. She made about five trips carrying her various belongings. The officer called her a cab and plaintiff went to her sister-in-law's house. There she repacked her belongings and made arrangements to have the boxes sent to Tracy. They were sod sent, and remained there in the express office unpacked, until they were returned to San Francisco in September. Plaintiff discovered that some of her clothing was missing, and that all of the rest of her clothes needed cleaning. After sending her goods to Tracy on the 30th, plaintiff returned to that city that night. During the next week she returned to San Francisco three times for the purpose of trying to find another San Francisco...