Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)

Citation: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Parent Document: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Jurisdiction: California (state)
Effective Date: 2020-09-10
Original Source: https://www.courtlistener.com/opinion/4784084/aljabban-v-fontana-indoor-swap-... ↗

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3     Although the parties do not focus on the issue, it appears from the
photos of the space after Carrasco moved out, as well certain witness
testimony, that FISM did not succeed in preventing Carrasco from removing
and taking with her the two shampoo bowls that were installed on the wall in
space H-2. Much of the decorative molding is removed from the walls in the
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      Security guard Ramirez interacted with Carrasco while she was
attempting to take the disputed items. According to Carrasco’s testimony,
Ramirez struggled with her over the decorative molding, hit her, and caused
bruising. Carrasco’s mother, who was helping with the move, testified that
Ramirez shoved her to the ground. Ramirez testified that he never had any
physical contact with Carrasco and did not push Carrasco’s mother to the
ground. Instead, he took back some decorative molding from Carrasco’s
mother by grabbing the molding, in response to which Carrasco’s mother
tried to pry the molding from Ramirez’s fingers, causing him to release his
grip. Ramirez then blocked Carrasco’s mother from coming back in the door,
and she pushed him.
      After Carrasco vacated the space, FISM eventually refunded $2,000.00
of the $2,680.00 security deposit to Carrasco and Aljabban. Shapiro testified
that after Carrasco and Aljabban vacated space H-2, he incurred expenses
because he had to (1) purchase two new sinks and remount them; (2) repair a
portion of the floor that was removed; (3) fix holes in the drywall where
Carrasco had removed the decorative molding; and (4) with respect to the
water heater, properly strap it down and hire an electrician to rewire it
correctly. Shapiro stated that he withheld $680.00 of the security deposit to
cover those expenses.
      Sometime after space H-2 was vacated, a former employee of Garcia
and Carrasco noticed that the space was available. FISM agreed to allow her
to operate a salon in the space.

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