Castellano v. Access Premier Realty, Inc.

181 F. Supp. 3d 798, 2016 U.S. Dist. LEXIS 53099, 2016 WL 1588430
CourtDistrict Court, E.D. California
DecidedApril 20, 2016
DocketNo. 1:15-cv-0407-MCE-KJS
StatusPublished
Cited by17 cases

This text of 181 F. Supp. 3d 798 (Castellano v. Access Premier Realty, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Castellano v. Access Premier Realty, Inc., 181 F. Supp. 3d 798, 2016 U.S. Dist. LEXIS 53099, 2016 WL 1588430 (E.D. Cal. 2016).

Opinion

MEMORANDUM AND ORDER

MORRISON C. ENGLAND, JR„ CHIEF JUDGE, UNITED STATES DISTRICT COURT

Plaintiffs LaVonna Castellano and Project Sentinel, Inc. (collectively “Plaintiffs”) allege violations of the Fair Housing Act (“FHA”) by defendants Access Premier Realty, Inc. and its representativés (collectively “Defendants”). Plaintiffs bring the present Motion for Partial Summary Judgment (ECF No. 23) seeking summary adjudication of Defendants’ liability. For the reasons that follow, Plaintiffs’ Motion is GRANTED.1

BACKGROUND2

In ■ September ' 2012, Plaintiff LaVonna Castellano rented and occupied an apart[802]*802ment unit in a complex located at 1405 Eucalyptus Avenue in Newman, CA (“the Apartment”). Defendant Access Premier Realty, doing business as Access Property Management (“APM”), managed Plaintiffs Apartment complex during her tenancy. Defendant Daniel Akulow served as a principal for APM and directed the management of the Apartment complex on APM’s behalf. Defendant Elvia Addison owned the Apartment complex as a trustee and paid Defendant Dolores Valenzuela to work as the on-site manager during the relevant period.

Plaintiff Castellano was over sixty years old at the time she resided at the Apartment, and suffered from a variety of mental and physical impairments. In particular, Castellano claims that she suffered from various mental health conditions, including panic attacks, anxiety, depression, psychotic disorder and post-traumatic stress disorder. Castellano Decl. at ¶8, ECF No. 11. Castellano was prescribed medication for these ailments and received federal SSI disability benefits for her mental illnesses. Id. While Castellano resided at the Apartment, she had a house cat, “Mr. Munchkin.” Id. at ¶¶ 3, 12. Castellano kept the cat in the Apartment, and states in her declaration that the cat gave emotional support and kept her company when she was alone. Id. at ¶ 12. According to Castellano, the cat helped Castellano feel calmer and less anxious, which helped lessen the effects of some of her physical problems. Id. Having Mr. Munchkin in the Apartment made Castellano “feel better, both mentally and physically, and helped [her] to get through each day.” Id.

On January 29, 2013, Defendant APM sent Castellano a letter directing her to remove her cat from the Apartment or face eviction, citing the Apartment complex’s “no-pets” policy. In response, Cas-tellano sent a handwritten letter to APM in February 2013 asking that she be allowed to keep her cat. The letter stated that she suffered from physical and mental handicaps; she needed the cat for emotional and mental support; the cat caused no damage; the cat was neutered, vaccinated and house-broken; and that Castellano was willing to pay a pet deposit. Around the same time, Castellano’s daughter sent an email to APM asking that her mother be permitted to keep the cat. An APM employee responded via email that “[Plaintiff] will not be able to keep her cat” Espinosa Decl. Ex 1, RFA Ex. L, ECF No. 23. (emphasis in original). On February 20, the Stanislaus County Department of Aging & Veteran Services sent a letter to APM requesting a waiver of the Apartment complex policy against pets as a reasonable accommodation for Castellano’s disabilities and a cessation of demands that she get rid of her cat or face eviction.

Defendants responded to this request in a February 25 letter from Defendant Aku-low to Plaintiff Castellano requesting documentation of her disability-related need for an animal. Akulow’s letter required that Castellano provide documentation from an attending physician or psychiatrist “no later than 3/1/13 to prevent lease violation eviction.” Espinosa Decl. Ex 1, RFA Ex. D. On March 4, Defendant Valenzuela served Castellano with a “Notice to Perform Covenant (Cure) or Quit” directing Castellano to remove the cat from her apartment within five days. Shortly thereafter, Valenzuela served Castellano with a March 15 “Notice of Termination of Ten[803]*803ancy” effective April 15, 2013. The Notice stated, in relevant part, that “[clause for action is breach, of tenet [sic] lease agreement regarding failure to adhere to property pet police [sic].” Espinosa Decl. Ex 1, RFA Ex. F.

In response to these notices, Castellano contacted Plaintiff Project Sentinel, Inc. seeking assistance in keeping, her cat at the Apartment. Project Sentinel is a nonprofit fair housing organization. On March 22, 2013, Project Sentinel sent APM a letter on Castellano’s behalf requesting that APM rescind the termination notice and permit Castellano to remain in the apartment with her eat as a reasonable accommodation for her disabilities. The letter was accompanied by two letters from the Newman Medical Clinic stating that Castellano was under the care of Dr. Philip Kalman at the clinic, listing Castel-lano’s medical diagnoses, and stating that keeping a companion animal would benefit her health. Defendant Akulow responded to Project Sentinel in an April 2 letter stating that Plaintiff Castellano’s request for a reasonable accommodation was denied. In response, Project Sentinel sent APM a letter dated April 8 from the Newman Medical Clinic describing Castellano’s mental and physical impairments and stating that an emotional support animal “would ease her anxiety and depression” and could “benefit her by improving her medical symptoms.” Espinosa Decl. Ex 1, RFA Ex. I. In reply, Akulow sent a fax dated April 12, 2013 declining to credit the April 8 letter from Newman Medical Clinic, declining to grant the requested accommodation, and seeking further detailed information as to Plaintiff Castellano’s diagnoses.

On or around May 1, 2013, Plaintiff moved out of the Apartment in order to avoid the further possibility of eviction. Plaintiff Castellano worried that she could lose her Section 8 housing voucher if she was evicted. .

STANDARD

The Federal Rules of Civil Procedure provide for summary judgment when “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). One of the principal purposes of Rule 56 is to dispose of factually unsupported claims or defenses. Celotex, 477 U.S. at 325, 106 S.Ct. 2548.

Rule 56 also allows a court to grant summary judgment on part of a claim or defense, known as partial 'summary judgment. See Fed. R. Civ. P. 56(a) (“A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought.”); see also Allstate Ins. Co. v. Madan, 889 F.Supp. 374, 378-79 (C.D.Cal.1995). The standard that applies to a motion for partial summary judgment is the same as that which applies to a motion for summary judgment. See Fed. R. Civ. P. 56(a); State of Cal, ex rel. Cal. Dep’t of Toxic Substances Control v. Campbell, 138 F.3d 772

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Cite This Page — Counsel Stack

Bluebook (online)
181 F. Supp. 3d 798, 2016 U.S. Dist. LEXIS 53099, 2016 WL 1588430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castellano-v-access-premier-realty-inc-caed-2016.