LOS ANGELES — A mother and her son sued their former landlords and the landlords' insurer on June 15, charging that the two were made ill by exposure to molds and other contaminants through defendants' negligence and failure to maintain habitable housing. Shaffer v. Holtzman, et al., No. BC 099163 (Calif. Super., Los Angeles Cty.).

Debbie Shaffer charges that she and her son, Sam Eaton, rented a Los Angeles condominium for approximately one year, beginning in September 2002. She alleges that she and her son developed shortness of breath, chronic fatigue, memory problems and other conditions requiring medical treatment and, in some cases, hospitalization.

She says they retained their own inspector who discovered mold and other contaminants on the premises, but that defendants failed to make the necessary repairs to alleviate the conditions complained of.

Shaffer contends that she is unable to work and she and her son will continue to suffer adverse medical effects of the exposure to mold.

Shaffer also charges that an adjuster for State Farm Insurance Co. disturbed items in an area that was known to contain large amounts of Stachybotrys, negligently exposing her and her son to additional dangers.

Shaffer also names the adjuster, Aaron Rocks, as well as State Farm as defendants.

Other defendants are Leatrice Holtzman, Wayne Holtzman and Guerin Gardens Condominium Unit 2. She also names Does 1-100.

Counts include breach of contract, nuisance, constructive eviction, breach of warranty of habitability and negligence. Shaffer also charges the Holtzmans with malicious prosecution for filing an action for unlawful detainer against Shaffer two days after she vacated the residence.

Marshall L. Bitkower of Encino, Calif., is counsel for Shaffer.
 

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