CONTACTS
SUBJECTS
Jury Duty
0503 -
0503 - ..
0504 - Summary/Objective
0505 -
050501 - Follow up ref SDS 24 0000, ref SDS 23 0000.
050502 -
050503 -
050504 -
050505 -
050507 - ..
0506 -
0507 -
0508 - Administration
050901 - ..
050902 - Arrived at Court and Signed In
050903 -
050904 - Follow up ref SDS 24 0482, ref SDS 23 0482.
050905 -
050906 - Juror ID: 200310516
050908 - ..
050909 - Juror Group: 213
050910 -
050911 -
050912 -
050914 - ..
050915 - Plaintiff's 2nd Witness
050916 -
050917 - Follow up ref SDS 24 0894
050918 -
050919 - Susan Wilbert.
050920 -
050921 -
050923 - ..
050924 - Plaintiff's 3rd Witness
050925 -
050926 - Coale Johnson.
050927 -
050928 - He is subpenaed
050930 - ..
050931 - General Contractor, since 1984.
050933 - ..
050934 - He knows Suanne Gervich, he has performed work for her.
050936 - ..
050937 - He did work at 3880 Sacramento Street.
050939 - ..
050940 - He did small repairs.
050942 - ..
050943 - House was furnished when he did his work.
050945 - ..
050946 - He cannot recall when she was going to sell Sacramento property.
050948 - ..
050949 - He reviews Chestnut street exhibit.
050951 - ..
050952 - Balser walked him through the project, after they bought the
050953 - property.
050955 - ..
050956 - He gave them an estimate of improvements in May 1998.
050958 - ..
050959 - He does not remember what Balser said, but the scope of work was to
050960 - remodel the kitchens and bathrooms.
050962 - ..
050963 - He did the remodeling - front units and first level in the back.
050965 - ..
050966 - Looked at general conditions. Joined breakfast room with kitchen,
050967 - took out a wall. This was remodeling.
050969 - ..
050970 - New cabinets, fixtures. Bathroom, new tile, fixtures.
050972 - ..
050973 - Purpose was update the units, bring them out of the 1920s.
050975 - ..
050976 - Floors need refinishing and patching because of radiator damage, and
050977 - use over the years.
050979 - ..
050980 - Cracks in ceilings, old plaster. In kitchens and baths, they did
050981 - sheetrock. Elsewhere they repainted.
050983 - ..
050984 - Looks at pictures, feels they are not representative of overall
050985 - condition.
050987 - ..
050988 - Needed electrical changes, plugs that had been installed illegally by
050989 - tenants.
050991 - ..
050992 - Initial contract was $85K to do work in all 6 units. Only did 4
050993 - units, but extras were added. Finally paid about $120K total. Last
050994 - bill was in early 1999.
050996 - ..
050997 - He spoke to Ms. Gervich.
050999 - ..
051000 - All units remodeld the same. Gervich's place, unit 4 was done in any
051001 - special manner.
051003 - ..
051004 - This was not high-end remodeling. It was basic apartment quality
051005 - construction.
051007 - ..
051008 - He could not do the work on all 6 units, because two units were
051009 - occupied.
051011 - ..
051012 - Balser advised he was trying to get the tenants to move so the other
051013 - units could be remodeled, but this was not accomplished.
051015 - ..
051016 - He spoke most often with Balser. Balser made decisions about what
051017 - work was to be performed.
051019 - ..
051020 - Plaintiff ends questioning.
051021 -
051022 -
051023 -
051024 -
0511 -
0512 -
0513 - 0944 Cross Examination
0514 -
051402 - ..
051403 - He was contacted by Bravo late Friday night.
051405 - ..
051406 - Big tall guy delivered subpena.
051408 - ..
051409 - Counsel examines subpena.
051411 - ..
051412 - There are two subpenas. Counsel enters them as evidence.
051413 -
051414 - Page 2, Exhibit E.
051415 -
051416 - Page __, Exhibit F
051418 - ..
051419 - He called phone number, Bravo's number.
051421 - ..
051422 - Bravo called the next day on Saturday.
051424 - ..
051425 - Bravo told Johnson - he wanted witness fees.
051427 - ..
051428 - Bravo asked to visit Johnson house and examin his files.
051430 - ..
051431 - Bravo visited Johnson on Sunday at 1230 for about 60 minutes.
051433 - ..
051434 - He printed some documents for Bravo, that were in his computer.
051435 -
051436 - 10 pages of initial estimate and billings.
051437 -
051438 - Bravo asked same questions on Sunday that have been asked
051439 - today.
051441 - ..
051442 - Group exhibit Defendant's C - a bunch of documents.
051443 -
051444 - Invoics and estimate.
051446 - ..
051447 - Shows documents to plaintiff's counsel.
051449 - ..
051450 - Witness looks at exhibit and recognizes as his billing on 2530
051451 - Chestnut job.
051453 - ..
051454 - He is owner of CRJ Construction Company.
051455 -
051456 - Was not responsible for buying the cabinets. Did not install
051457 - granite countertops.
051458 -
051459 - New buzzer and intercom for security. There was no security
051460 - system.
051462 - ..
051463 - No adequate hot water system.
051465 - ..
051466 - Boiler needed work.
051468 - ..
051469 - Boiler was not up to code because it did not have the valves
051470 - required for safety.
051472 - ..
051473 - Removed boiler room because it was not longer needed, and this
051474 - added space in the back yard.
051476 - ..
051477 - Removed all radiators and installed new heaters.
051479 - ..
051480 - All old radiators systems leak. They get too hot and blow pressure
051481 - off, this damages the floors.
051483 - ..
051484 - Old radiators can last forever is properly maintained.
051486 - ..
051487 - He saw no evidence that radiators or boiler had been maintained.
051489 - ..
051490 - Warped flooring, peeling paint, some damage to ceilings, old
051491 - cracked plaster.
051493 - ..
051494 - Found dry rot, where wood get wet and deteriorates, and termites
051495 - under the building. Fairly extensive.
051497 - ..
051498 - It was in framing in front of building.
051500 - ..
051501 - City Building ispector, electrical and plumbing inspectors.
051503 - ..
051504 - Did not require any work, inspected remodeling. Got it inspected.
051506 - ..
051507 - Header had to be installed shore up the house. It was a beam 6 x
051508 - 12 beam, garage door and over the alley. They had to do some
051509 - shoring. It was structural repair. It was required by law to
051510 - make the change, once they did the investigation, and discovered
051511 - the problem.
051513 - ..
051514 - Windows were falling apart.
051516 - ..
051517 - He smelled gas, stoves leaked, presented serious hazard.
051519 - ..
051520 - Wood was separating and dried out. Building had not been painted,
051521 - and maintained. Windows were painted shut.
051523 - ..
051524 - Back stairs were in bad shape. Loose, rot, kept having to screw
051525 - one stair so it was safe for workers. Stairs needed repair.
051527 - ..
051528 - Stair was later replaced.
051530 - ..
051531 - Work began 980601 and completed oa 990101.
051533 - ..
051534 - Stucco was mostly okay. Had to fix some, but a lot of it was
051535 - removed to facilitate doing other work.
051536 -
051538 - ..
051539 - Cross examination completed
051540 -
0516 -
0517 -
0518 - 1043
0519 -
051902 - ..
051903 - Plaintiff re-direct
051905 - ..
051906 - Exhibit C has total of the billings. $120K
051908 - ..
051909 - Kitchen and bath work was $85K estimate. $60K was actually spent.
051911 - ..
051912 - Other work therefore cost $60K.
051914 - ..
051915 - Painting could be $6OK by others.
051917 - ..
051918 - Hardwood floors by others, could be another $30K.
051920 - ..
051921 - Owner provided cabinets and counter tops at $7500 per unit. $50K
051923 - ..
051924 - Provided a lot of fixtures. $20K
051926 - ..
051927 - Owner did a lot of work in back yard.
051929 - ..
051930 - Roof work about $20K.
051932 - ..
051933 - Plaintiff marks two documents Exhibits 19a and 19b.
051935 - ..
051936 - Witness says estimate of $8500 is too low for the job.
051938 - ..
051939 - Plaintiff marks Exhibit 20 a, b, c, d.
051941 - ..
051942 - Hardwood floor estimate repairs about $4,000.
051944 - ..
051945 - Boiler provides hot water for bath and kitchen, and it provides heat
051946 - for radiators.
051948 - ..
051949 - Boilers have valves and guages have to be repaired. $2K to fix
051951 - ..
051952 - Asbestos posed safety problem. $2K to fix
051954 - ..
051955 - Installed siding in light well of stair.
051957 - ..
051958 - Balser didn't like the initial heaters they bought, so they changed
051959 - them. He wanted recessed heaters.
051961 - ..
051962 - Cost to repair dry rot was about $25K.
051964 - ..
051965 - Contractor left the job because Balser hired another contractor to fix
051966 - the back stairs, so Johnson quit.
051968 - ..
051969 - His crew showed up to do the stair work, and found another crew
051970 - working. He feels the other contractor may have been hired because
051971 - the cost was cheaper.
051972 -
051974 - ..
051975 - Direct examination completed
051976 -
051977 -
0520 -
0521 -
0522 - 1157
0523 -
052302 - ..
052303 - Lunch
052304 -
0524 -
0525 -
0526 - 1330
052701 - ..
052702 - Plaintiff's 2nd Witness Cross Examined
052703 -
052704 - Follow up ref SDS 24 0894
052705 -
052706 - Susane Wilbert.
052708 - ..
052709 - Born 661213.
052711 - ..
052712 - Graduated Redwood HS 1985 in Larkspur.
052714 - ..
052715 - She graduated from college in 1989 degree in International Relations.
052717 - ..
052718 - She moved to Heidelberg, Germany for US DOD.
052720 - ..
052721 - First job was management assistant for DOD.
052722 - ..
052723 - She worked for DOD until 1994.
052725 - ..
052726 - Arms control specialist for DOD. She got OJT.
052728 - ..
052729 - Her ex-husband was an airforce maintenance. He got a job in Georgia,
052730 - so they moved there.
052732 - ..
052733 - Lived in Riverdale for 6 months.
052735 - ..
052736 - In 1994 her marriage failed, so she moved home with her parents for 3
052737 - months.
052739 - ..
052740 - She did not pay rent when she lived at home.
052742 - ..
052743 - She looked for an apartment for 2 months and found a place on
052744 - Divisdero and Bay street.
052746 - ..
052747 - She paid $800 per month for a studio. She thought the price was too
052748 - high based on experience living in Germany and Georgia.
052750 - ..
052751 - She was looking at studios. She wanted to pay $800 - $1000 per
052752 - month in 1994.
052754 - ..
052755 - She learned about rent control when her family wanted to purchase
052756 - the building at Chestnut Street.
052758 - ..
052759 - January 1997 her family wanted to buy the building the defendant
052760 - ultimately purchased.
052762 - ..
052763 - She moved into Chestnut Street #4 on January 1995.
052765 - ..
052766 - Brother moved to 2490 Chestnut street. Susan moved to Filbert
052767 - Street, then later moved to same location as brother, which is a few
052768 - blocks from where they were located at Defendant's building.
052769 -
052771 - ..
052772 - Defendant's cross examination ends
052774 - ..
0528 -
0529 -
0530 - 1336
0531 -
053101 - Plaintiff re-direct
053102 -
053103 - Plaintiff says she would still be in the prior residence if she had
053104 - not been evicted. But she met a boy friend, and she is living with
053105 - him. She got a job at another location that pays $90K, and so moved
053106 - there.
053107 -
053108 - [On 000437 plaintiff argues defendant's past practice of fixing up
053109 - properties and selling them support a finding that defendant's
053110 - intent was to do the same at Chestnut, rather than live there; but
053111 - does not want this standard applied to plaintiff in evaluating
053112 - intent to remain for 20 years. ref SDS 26 0783
053114 - ..
053115 - Plaintinff concludes re-direct
053116 -
053117 -
0532 -
0533 -
0534 - 1435
053501 - ..
053502 - Plaintiff's 4th Witness
053503 -
053504 - John Samson.
053505 -
053506 - Exhibit 21 ciriculum vitia
053508 - ..
053509 - Appraisal of real property for over 30 years, and manages properties.
053511 - ..
053512 - Real estate brokers license.
053514 - ..
053515 - He was probate _____ for 20 years until 1989.
053517 - ..
053518 - He can estimate losses of tenants who have lost residence for rent
053519 - control units.
053521 - ..
053522 - He has represented both landlords and tenants.
053524 - ..
053525 - He was editor for Calif estate tax referees and appraisers. He has
053526 - co-authored articles and books.
053528 - ..
053529 - Since rent control went into effect in 1979 he has testified in cases
053530 - of damages and rental value issues and unlawful evictions, about 24 -
053531 - 36 times.
053533 - ..
053534 - Voir Dire by Defendant's Counsel
053536 - ..
053537 - He has testified in court 30 - 40 times.
053539 - ..
053540 - He has testified in court about 5 times on damages suffered from
053541 - eviction under SF rent control.
053543 - ..
053544 - He cannot provide names of any cases.
053546 - ..
053547 - His hourly rate is $300 at 3 hours, $900, plus preparatory expenses.
053549 - ..
053550 - Court accetps witness as expert.
053552 - ..
053553 - He reviewed deposition of Gerovich, Balser, accounting numbers of the
053554 - estate, documents he developed, SF Chronlicle ads for apartments, and
053555 - other information for rental properties. He reviewed WSJ for rate on
053556 - governemnt bonds.
053558 - ..
053559 - He was asked to form an opinion on economic damages resulting from
053560 - evicion from apartment on Chestnut Street on Feb 1998.
053562 - ..
053563 - He was asked to determine change in value of apartment building at
053564 - Chestnut Street, as a result of eviction.
053566 - ..
053567 - Range of rent for plaintiff's apartment at Chestnut street could have
053568 - been from $1,700 to $1,900 in March 1998.
053569 -
053570 - Living room looks at Palace of Fine Arts, and Golden Gate bridge.
053572 - ..
053573 - Plaintiff had no rent increase from Sep 1995 to March 1998.
053575 - ..
053576 - This generated "banked" rent increase as of date of eviction.
053578 - ..
053579 - Rents can go up 1% per year.
053580 -
053581 - [On 000421 0900 judge asks witness Sampson questions to
053582 - clarify calculation of damages. ref SDS 25 RP5H
053584 - ..
053585 - Rent would have been $820 in Sep 1998; could not charge market rates
053586 - of $1,800 because of rent control.
053588 - ..
053589 - He used difference between market rate of $1,800 and $820 what she
053590 - was paying, is her damage = $1K per month, he says $977, plus the
053591 - cost of moving.
053593 - ..
053594 - Rent control cannot arbitrarily evict a tenant.
053596 - ..
053597 - Taxes go up when a building is sold.
053599 - ..
053600 - Rent effects value of property based on 10% capitalization method, or
053601 - gross rent multiplier (GRM) of 10 - 12.
053603 - ..
053604 - Calculated perspective period of occupacy. He asked plaintiff how
053605 - long she would live in the building. She told him she expected to
053606 - live in the apartment for 20 years. He calculated damages for 20
053607 - years.
053609 - ..
053610 - He did not form an opinion on how long plaintiff would live at the
053611 - residence.
053613 - ..
053614 - He made an error in his chart.
053616 - ..
053617 - Damages are slightly undervalued because of when he applied the next
053618 - rent increase from base value.
053620 - ..
053621 - He grows market value of rental rate year by year, and this
053622 - differential will exceed allowable rent increase, because the base
053623 - rent is greater.
053625 - ..
053626 - Damages in 60th month cum is $61K adjusted by present value is $52K.
053628 - ..
053629 - He used present value discount of 7%. He is mixed up trying to
053630 - explain this, but everybody is mixed up on this subject.
053632 - ..
053633 - He did not add interest on past damages, but he discounts future
053634 - damages based on net present value.
053636 - ..
053637 - He calculated damages at end of 15 years and also 20 years.
053639 - ..
053640 - He knows of tenants who stay in an apartment for 15 - 20 years.
053642 - ..
053643 - Increase in value of property as a result of the eviction.
053645 - ..
053646 - Value of eviction is $243K $1,600 per month x 12 months.
053648 - ..
053649 - He adjusted $268K based on 1/6th cost of improvements. He understood
053650 - the building had $150K of improvements. He says he cannot make an
053651 - adjustment if actual improvements were $350K. After some discussion,
053652 - he says it can be adjusted.
053654 - ..
053655 - He is mixed up again.
053657 - ..
053658 - Finally says it is $210K. He says this does not directly relate to
053659 - the value of the building.
053661 - ..
053662 - He says mere spending of investing to fix up a building does not
053663 - improve market price of a building.
053664 -
053665 -
053666 -
053667 -
053668 -
053669 -
053670 -
053671 -
053672 -
053673 -
053674 -
053675 -
053676 -
053677 -
053678 -
053679 -
0537 -