Justia Civil Procedure Opinion Summaries

The Department of Fair Employment and Housing alleged that Ottovich owned or managed a Fremont apartment building. He advertised an apartment available for rent. Coleman called and expressed interest. He asked who would be living in the apartment, and she stated that she, her husband, and their young daughter would live there. Defendant responded that he would not rent the apartment to her. Coleman told him, “That’s discrimination.” He replied that he did not have to show her the apartment or rent it to her, and hung up. The Department alleged a “familial status” discrimination violation of Government Code section 19255, and sought compensatory and treble damages. Ottovich moved to dismiss the complaint as a Strategic Lawsuit Against Public Participation (SLAPP). The trial court denied the motion as frivolous, and awarded plaintiff $2,500. After several discovery abuses by Ottovich, followed by sanctions and warnings, the court entered a default judgment against him. The court vacated the default, but continued to treat his answer as stricken and treated the complaint’s allegations as judicially admitted. A jury assessed damages at $8,705. The appeals court affirmed, rejecting an argument that the court was required to reinstate his answer when it vacated the default judgment. View "Dept. of Fair Emp't & Hous. v. Ottovich" on Justia Law