Needelman v. Dewolf Realty Co.Annotate this Case
Tenant was served with a three-day notice to quit that listed eight separate incidents that involved damaging the premises, disturbing neighbors and other tenants in the building, and running around naked and/or in boxer shorts. Tenant did not vacate, but filed an answer to an unlawful detainer action, asserting affirmative defenses, including breach of the warranty of habitability, payment of all rent that was due, discrimination based on sexual orientation and religion, laches, and retaliation for requesting repairs. Tenant subsequently entered into a settlement agreement, which included a stipulation for judgment, with the property management company and the property owner. Tenant violated the agreement. The trial court entered a stipulated judgment giving the lessors damages, costs, fees, and possession of the property. Subsequently, tenant sued the lessors for their damaged and missing personal property, which had remained in the rental residence after tenant vacated the premises. The trial court dismissed the complaint. The court of appeal affirmed, holding that the doctrine of res judicata bars all of tenant’s claims and that his daughter, who was not a tenant and did not reside in the rental unit, cannot state a claim against the lessors.