Calif. Court Affirms Judgment for Landlord in 'Fear-of-Mold' Case

SACRAMENTO, Calif. - An intermediate appellate court has affirmed summary judgment for a landlord, but for the tenant's failure to support her warranty of habitability claim rather than the causation grounds cited by the trial court. Jackson v. Rod Red & Sons, No. C058024 (Calif. Ct. App., 3rd Dist.).

California's Third Appellate District issued the unpublished opinion in favor of Rod Read and Sons on June 11, and also affirmed the trial court's decision to award $43,042 in attorney fees to the defendant.

Saundra Jackson sued for breach of the implied warranty of habitability and nuisance, alleging that she suffered …