A class action lawsuit was filed October 27, 2005, in San Joaquin County Superior Court by ALYSSA STRONG against JCM Partners, LLC., Gayle M. Ing, Michael Vanni, Meadow Gardens II, LLC, Brian S. Rein, Cornelius Stam, alleging the defendants engage in unlawful residential rental practices in violation of California Civil Code Section 1950.5 et seq.
The lawsuit alleges that the defendants own/operate and manage over 5,200 apartment units throughout Northern California and that defendants unlawfully retain security deposits on those rentals as well as engage in other unlawful rental practices as prohibited under California Civil Code Section 1950.5, et al.
The suit is brought on behalf of all of defendants' renters, past and present, who did not receive their security deposit back under defendants' "wear and tear schedule" contractual provision, after leaving the premises in as good a condition as when the rental began and/or all those required to pay defendants a remarketing fee upon early lease termination and/or all of defendants' renters who were made to pay a $35.00 late rent charge and all defendants' renters who were not provided with notice of their right to a post vacating inspection and the right to be present and elect to clean/repair. The lawsuit seeks an injunction prohibiting defendants from engaging in the use of a "wear and tear schedule" as well as prohibiting defendants from charging such fees as a remarketing fee upon early lease termination or a late rental fee (characterized in the lawsuit as unlawful "liquidated damages" ). The lawsuit seeks an order of restitution to all renters who were made to pay the unlawful fees and an order returning unlawfully withheld security deposits, in addition to payment of the attorney's fees and costs incurred in bringing suit against defendants.
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If you live in California and your security deposit was not returned, you may qualify for damages or remedies that may be awarded in a possible class action lawsuit. Please fill in our form on the right to submit your complaint and we will have a lawyer review your California Security Deposit complaint.At LawyersandSettlements.com, it is our goal to keep you informed about important legal cases and settlements. We are dedicated to helping you resolve your legal complaints.
