Recto v. Jacinto
This action was brought by two elderly tenants, Mercedes Recto and Elsa Burgess (plaintiffs), who shared a large house in San Francisco's Mission District with numerous other tenants, against the property's owner, Villa Jacinto (defendant). Plaintiffs filed suit against defendant on August 7, 2007, alleging multiple causes of action including breach of the warranty of habitability, constructive eviction, negligent maintenance of the premises, and negligent and intentional infliction of emotional distress. In essence, plaintiffs claimed that they were subjected to substandard living conditions during their entire five-year tenancy. Furthermore, plaintiffs claimed that in 2007, defendant commenced a construction project that made the residence so uninhabitable that they were forced to leave the premises for their own health and safety. After a jury trial, judgment was entered on the jury's special verdict in defendant's favor on the two causes of action submitted to the jury––breach of the implied warranty of habitability and wrongful collection of rent for an uninhabitable dwelling.
On appeal, plaintiffs claim the â€
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