July 16, 2025 #1 Local News, Information and Event Source for the Century City/Westwood areas.

State Appeals Court Mulling Donald Sterling Housing Lawsuit

Sterling
Donald Sterling.

A state appeals court is mulling issues raised by an actress and Clippers owner Donald Sterling after a judge overturned a jury’s verdict directing the Clippers owner to pay her $17.3 million stemming from a fire at one of his apartment buildings.

In December 2012, a Los Angeles Superior Court jury found Sterling liable to Robyn Cohen for breach of contract, breach of the warranty of habitability and intentional infliction of emotional distress and awarded her $2.3 million in compensatory damages. The panel also found that Sterling and his employees at the West Hollywood property acted with malice toward Cohen, triggering a punitive damages phase of the trial in which she was awarded an additional $15 million.

Cohen said she lost most of her personal property in the Sept. 28, 2009, fire and maintained that the building had an inadequate fire detection system.

A three-justice panel of the 2nd District Court of Appeal has received the initial briefs filed by lawyers for Cohen and Sterling. The appeals stem from a February 2013 post-trial ruling by Los Angeles Superior Court Judge William MacLaughlin. He ordered a retrial on all issues, stating in a 19-page decision that there was insufficient evidence to show that Sterling deliberately caused emotional distress to Cohen before or after the fire.

“The court finds that the post-fire conduct does not rise to the level of outrageous conduct contemplated by that element of intentional infliction of emotional distress,” the judge wrote. “As tasteless and inconsiderate as it may have been, it simply cannot be said that it rose to the level of
being so outrageous as to exceed all bounds of that usually tolerated in a civilized society.”

MacLaughlin also said there was no evidence that Sterling meant to cause Cohen or any other tenant emotional distress by failing to maintain the fire system before the blaze.

The judge granted Sterling judgment after trial on Cohen’s claim for intentional infliction of emotional distress.  He also found that that the punitive damage award of $15 million was excessive, reducing the amount to $5.8 million and the overall award from $17.3 million to $8.1 million.

MacLaughlin declined to give Sterling judgment on Cohen’s claim for a breach of the implied warranty of habitability. However, his order for a new trial could be interpreted to state that a new jury will have to determine liability and any possible damages all over again, said Cohen’s attorney, Mark Mosier.

Cohen is asking that the original verdict be reinstated by the Court of Appeal with a finding that the punitive damages award was not excessive, Mosier said.

In their court papers, Cohen’s attorneys say the $15 million awarded Cohen to punish Sterling was within reason.

“Sterling had notice that his failure to maintain an operable fire alarm system in a 54-unit apartment building could result in damages in the tens of millions of dollars,” Cohen’s lawyers state in their court papers.

Sterling’s appeal is more complex, but generally asks for judgment in his favor on the punitive damages claim. His attorneys note that $2 million of the $2.3 million in compensatory damages Cohen was awarded was to compensate her for her pain and suffering.

“Sterling has already been punished by the sizable (pain and suffering) award to Cohen,” Sterling’s lawyers state in their court papers.

Cohen is perhaps best known for her topless role in Wes Anderson’s comedy-drama “The Life Aquatic with Steve Zissou,” which starred Bill Murray, Owen Wilson and Anjelica Huston.

She lived for 10 years in the 54-unit Sterling-owned building at 888 W. Knoll Drive and told jurors she stayed so long in part because it was under the City’s rent control ordinance.

Cohen maintained that her unit was among 52 units in which warning horns connected to the main alarm were not working the day of the fire. She also alleged that none of the dozen smoke detectors throughout the building were functioning.

Kim Webster, a former cast member on “The West Wing,” and several other tenants also sued Sterling in January 2010, but settled with him before trial.

The Court of Appeal has not yet set a date to hear oral arguments on the appeals by Cohen and Sterling.

Related Posts

Dodgers to Host Back to School Bash for Fire-Affected Families

July 16, 2025

July 16, 2025

The free event will offer free groceries, school supplies, outfits, haircuts, medical screenings, and carnival rides The Los Angeles Dodgers...

Hundreds of Red-Legged Frog Tadpoles Released in Santa Monica Mountains

July 16, 2025

July 16, 2025

Once widespread in California, red-legged frogs vanished from the Santa Monica Mountains by the 1970s Nearly 600 California red-legged frog...

LA Sees Second Straight Year of Homelessness Decline, Leaders Celebrate Progress

July 16, 2025

July 16, 2025

The survey, designed by the University of Southern California, reported a 17.5% drop—the largest two-year decrease on record The Los...

Westwood Village Board to Discuss Public Art Initiative

July 15, 2025

July 15, 2025

The initiative aims to enhance community pride, boost local business revenue, and address urban blight through public art corridors and...

Beverly Hills Plans Major Apartment Development Near Civic Center

July 15, 2025

July 15, 2025

The site, currently holding 13 residential units, is slated for demolition to make way for the new development A proposal...

Federal Judge Sides with Santa Monica, Other Local Governments Against Immigration Raids

July 15, 2025

July 15, 2025

Santa Monica Mayor Lana Negrete praised the ruling, saying it reaffirmed the city’s commitment to protecting residents from unjust detention...

California Hits Two-Thirds Clean Energy Milestone

July 15, 2025

July 15, 2025

This year, clean energy has powered the state for an average of seven hours daily, with over 90% of days...

Miami Developer Seeks to Convert Century City Apartment Tower into Condos: REPORT

July 14, 2025

July 14, 2025

If approved, the property at 10000 Santa Monica Blvd., known as Ten Thousand and built in 2017, would mark the...

Santa Monica Assault Suspect Faces Multiple Charges, Authorities Seek Additional Victims

July 14, 2025

July 14, 2025

Marbra allegedly assaulted a 52-year-old woman on the Strand in Santa Monica, facing a felony count of assault with intent...

Veterans Tech Group to Launch Los Angeles Chapter with Networking Event

July 14, 2025

July 14, 2025

Founded in San Francisco, VetsInTech operates 20 chapters nationwide and claims more than 60,000 veterans VetsInTech, a national nonprofit that...

Elvis’ TV Legacy in Beverly Hills to be Explored in Upcoming Event

July 13, 2025

July 13, 2025

The session will feature rare clips from the Paley Archive, including Presley’s debut TV appearance, his 1968 Comeback Special, performances...

Holmby Hills Parcel Once Owned by Pioneering Film Director Lists for $25.5M

July 13, 2025

July 13, 2025

The lot is situated across from the Playboy Mansion and just moments from The Spelling Manor A 1.66-acre parcel of...

County Health Leaders Decry Federal Policy Barring Undocumented from Programs

July 12, 2025

July 12, 2025

The officials argued the policy jeopardizes care for all residents, noting it could deter people—regardless of status—from seeking treatment  Leaders...

County Supervisors Move to Preserve Measure J Amid Charter Error

July 12, 2025

July 12, 2025

Measure J mandates that at least 10% of the county’s locally generated, unrestricted funds be allocated to community investments like...

Sen. Ben Allen Highlights Challenges, Economic Gains for LA28 Olympics

July 12, 2025

July 12, 2025

The remarks came during the first informational hearing of the Senate’s Special Committee on International Sporting Events State Sen. Ben...