■The new Los Angeles Unified School District police chief illegally withheld funds from tenants who occupied his Marina Del Rey apartment for the past 2 1/2 years, a judge ruled last week.
Santa Monica Small Claims Judge Pro Tem William Ireland recently awarded Susanna Horton and her husband $1,860 for back rent and their security deposit.
Alan Kerstein, who accepted his LAUSD post in May, told the court he gave the Hortons a 30-day notice on May 3 to move out of the residence.
Susanna Horton, who was studying for June medical exams, asked for an extension. But Kerstein denied it.
Days later, Kerstein began making plans to remodel his 1979 townhouse and asked the Hortons to leave earlier than the 30-day notification. The Hortons said they agreed to leave “a day or two” early.
“We then received a note ordering us to leave by May 21, no later than noon — 10 days before the end of the month,” said Susanna Horton, who added that throughout the ordeal Kerstein had “bullied” the couple, misusing his standing as a police officer.
“We were very hurried, very pushed and shoved,” she said. “It was psychological abuse.”
The Hortons did leave early but they claim they didn’t get a portion of May’s rent owed to them or the security deposit. They said they left the townhouse in good condition.
Kerstein denied using any force or intimidation. He counter-sued the Hortons for $3,037 in damages to the apartment, claiming that Horton’s “ethnic cooking” and “sweet curries” had caused irreparable damage to the kitchen cabinets and stove top. Also, the bathroom sink, shower and other areas of the house were in disrepair.
Ireland did not accept the counter-claim because Kerstein didn’t provide any evidence. “I’m troubled by the lack of photos,” Judge Ireland told Kerstein. “You are a person with prior experience, professional experience, in the legal system. I assume you’ve testified as a witness before.”
Ireland ruled in favor of the Hortons for their full $1,860 claim, citing inconsistencies in Kerstein’s testimony.
“I don’t happen to find that your 30-day notice was sufficient,” Ireland said. “(Susanna) was legally entitled to receive her security deposit, was she not? So it wasn’t a negotiation.”
Originally published in the Santa Monica Daily Press print edition on July 27, 2002. Read the original PDF.