Kinney v. Vaccari

Opinion

MOSK, J.

This is an action for injunctive relief and damages brought by a group of tenants against their landlord, Elmer Vaccari, Sr. (Senior) and his son and managing agent, Elmer Vaccari, Jr. (Junior). Plaintiffs are sixteen tenants, including seven minor 1 children, who resided in six rental units let to them by defendants. Plaintiffs occupied their units under month-to-month tenancies; the rent included all gas, water and electricity used therein.

In mid-January 1974, Junior told plaintiffs on several occasions that he intended to “throw the bums out” and would turn off gas service…