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Embattled Tenant Wins Court Order : Dispute: Jury blocks eviction of woman who photographed poor conditions in her apartment complex.

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TIMES STAFF WRITER

A mother of two who was given an eviction notice after she photographed cockroaches, cracked ceilings and other poor conditions at her apartment complex won a court order Thursday against her landlord who now must pay court costs, the woman’s attorney said.

A Municipal Court jury in Westminster voted 11 to 1 in favor of Sherine Reams, 29, who fought her eviction against Daljit and Elaine Sarkaria of Orange, owners of an 88-unit complex at 5152 Heil Ave.

“Praise God!” Reams exclaimed in an interview after her court victory. “This has been horrendous. I hope this helps some of the other tenants, some who were intimidated into testifying against me, that you don’t have to be afraid to stand up for your rights.”

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The jury’s verdict means Reams can stay in her apartment. No monetary damages were awarded, since Reams’ lawsuit did not seek damages.

Reams’ attorney, Richard Spix, said his client may not have won hundreds of thousands of dollars, but hopefully her victory “can be an example for other tenants so they know they have a right to decent housing.”

The Sarkarias, who were represented by attorney Steven D. Silverstein and their attorney son, David Sarkaria, could not be reached for comment.

The Sarkarias had alleged that Reams was interfering with management by talking to other tenants about apartment conditions, taking pictures and circulating a petition seeking repairs.

Reams said the conflict began last April 16 when her 3-year-old son came home and told her the “bogyman” was in her baby-sitter’s apartment, which is in the same complex. She said she visited her sitter’s apartment and inspected the bathroom, where a gaping hole two feet across existed in the ceiling.

Surprised, Reams said she grabbed her camera and took pictures. When word got out in the complex about her picture taking, she was invited by neighbors to view other apartments that also had deteriorated.

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“Some of the conditions were so disgusting in these apartments that I ran out,” Reams said. “In one kitchen, a man asked me to open his stove. I used my fingers and cockroaches ran out over my knuckles.”

Reams said she was confronted by the apartment manager, Miriam Krueger, who demanded to speak with her. During the discussion, Krueger told Reams she was being “nit-picky” and accused her of being a troublemaker, Reams said.

A few days later, on Easter weekend, Reams was given an eviction notice.

Upset, Reams said she decided to fight the eviction because she felt the action was unjustified and because she had spent $1,000 during her year’s tenancy on carpeting, ceiling fans and other improvements.

Spix said that one young tenant testified that the condition of the bathroom in her apartment was so deplorable that she preferred to use a can left outside the apartment or ask other tenants to use their toilets.

During a city inspection of the complex, numerous housing code violations were found, including cockroach infestation, leaky faucets and mildew in bathrooms, said Arnold Samardich, a Huntington Beach code enforcement inspector.

While Spix complained that the owners had taken months to begin repairs, Samardich described the Sarkarias as cooperative and willing to fix the problems.

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“This is an older complex built many, many years ago and you’re going to have some problems with things like cockroaches,” Samardich said. “But the owner is making a reasonable effort to fix the problems, and they’ve done a number of repairs already.”

Reams said the court decision represented a moral victory for her, her family and other tenants, many of whom she said are Spanish-speaking and reluctant to confront the management about the poor living conditions.

Reams was ordered to pay jury fees for her four-day trial, which will be taken from a rent trust. For three months, she has paid her monthly $675 rent into the trust. Other court fees and costs will be paid by the owners, Spix said.

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