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Geffcken v. D'Andrea

ELR Citation: 36 ELR 20064
Nos. No. B176232, (Cal. App. 2d Dist., 03/28/2006)

A court upholds the dismissal of individuals' nuisance and constructive eviction claims against their landlords for allegedly exposing them to mold mycotoxins in their homes. The trial court did not err in granting the landlords' motions in limine to exclude certain testimony, sampling data, and testing results. And in view of the absence of any testing for mycotoxins at the properties in question, there is no evidence that the individuals were exposed to mycotoxins at the properties in question. The trial court, therefore, did not err in granting the landlords' motion to preclude the individuals from alleging exposure to mycotoxins at the properties.

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