Mold sparks tenant lawsuit:
Apartment residents say toxins making them ill

By Lois Gormley / The Press-Tribune

Morgan FeDora wheezes noticeably when she talks and at times finds it difficult to breathe
due to major upper respiratory problems.

She also suffers from lethargy, severe headaches, somewhat akin to migraines, a nagging,
raspy cough, sinus infections and a rash. All of which, she said, can be linked to the discovery
of "toxic molds" in her Rocklin apartment.

"It's like having the flu 24/7," said FeDora, whose children suffer from similar symptoms. "All you
want to do is sleep. It's almost like you're being slowly poisoned to death."

FeDora is one of 78 current and former tenants of the Park Village Apartments who filed suit last
week against the complex owner for damages - physical, emotional and financial - they say were
caused by exposure to high levels of the toxic molds stachybotrys and aspergilus niger.

According to the Environmental Protection Agency, molds produce allergens, irritants and in some
cases potentially toxic substances called mycotoxins. Inhaling or touching mold or mold spores
may cause allergic reactions in sensitive individuals, including sneezing, running nose, red eyes
and dermatitis.

Molds can also cause asthma attacks in people with asthma who are allergic, and can irritate
the eyes, skin, nose, throat and lungs of those who are not allergic as well, the EPA said.

"I felt it was important to do this, to get people out of harm's way," said FeDora, who initiated the
contact with Concord law firm Kasdan, Simonds & Epstein LLP. " I could have walked away and
not said anything, but in good conscience I couldn't do that to my neighbors."

Sami Shamieh, the attorney handling the case, said Sacramento property management company
FPI Management Inc. was served last week on behalf of the complex owner JJF, LLC.

He said he has not received a response yet, but the company has 30 days to do so.

Barring a settlement, the court has scheduled a hearing on the matter for Nov. 25, Shamieh said.

Calls to FPI Management Inc. of Sacramento, which manages the complex for JJF, LLC, were not
returned and JJF itself could not be reached.

The lawsuit represents 87 percent of the complex's tenants living in 29 of its 44 units and all of
them have reported health symptoms since living in the complex.

The tenants are sick, the lawsuit contends, because of defective and substandard repairs conducted
by the owner on the units, causing them "to be unfit for human occupation, in that the premises
substantially failed to provide effective waterproofing and weather protection, allowing for fungal growth."

Kellie Dawald, 19 moved into the complex 2 fi months ago with roommate Calley Henshaw, 20. She
had been living with her parents in Granite Bay and this was her first apartment.

She'd never had any type of breathing problems before, but since the move has been to the doctor
six times, she said.

Her doctor has diagnosed her with asthma, Dawald said.

Henshaw had asthma before they moved in and during their stay she's noticed it has gotten worse
when she is inside the apartment.

The women are planning to move out as soon as they are financially able, Dawald said. But the costs
of the move and new deposits are daunting.

Since the discovery and testing of the mold in her original apartment, FeDora has been moved to
another unit, but there is mold present in that one as well.

She points out black streaks across the bathroom door and patches of dark mold in the corners of
the bathroom walls and all around the tub.

Black streaks of mold can also be seen growing in the cracking plaster near the toilet.

The new unit is sparsely furnished, primarily with lawn furniture, and her clothing - much of it new -
is kept in airtight plastic containers.

Most of her belongings remain in the old apartment because of cross contamination issues, she said.

"I miss my couch, I miss my stuff," FeDora said. "All the family heirlooms I've lost, I'm just heartbroken."

She, too, plans to move, but first must find the financial resources to do so.

Doctors have told her that her symptoms will improve once she finds a new place to live, but they
are still trying to determine how much damage has been done to her lungs.

"It's been a very difficult situation," FeDora said. "I wouldn't wish this on anyone. Not even my worst enemy."

Return to the Mold Articles Page