On March 10, 2025, after a two-week trial in the Los Angeles Superior Court, attorney Grant K. Riley of Riley Ersoff LLP obtained a $18M verdict on behalf of Briana Garcia. The facts of this case are astonishing and underscore Riley Ersoff’s commitment to fighting back against negligent landlords. On September 1, 2022, Briana and her boyfriend Edwin Pereira moved into a small one-bedroom apartment in South Central Los Angeles owned by Saenz LLC. It was Briana’s first apartment, and she couldn’t be happier. She was studying to obtain a degree in sociology from Cal State Los Angeles and looked forward to becoming a therapist, marrying Edwin, and having kids. Unfortunately, the negligence of defendant Saenz LLC and its manager Nelson Saenz changed Briana’s life forever.
On January 7, 2023, Edwin purchased a small BBQ so Edwin and Briana could BBQ carne asada. Several hours after eating dinner, Edwin made the tragic mistake of bringing the still warm BBQ into the kitchen of their apartment so he could warm tortillas. Not knowing anything about carbon monoxide and not seeing flames or smoke, Briana did not think twice about Edwin’s decision to bring the BBQ inside. Two hours later, Briana and Edwin lost consciousness. On January 8, 2023, Briana came to on the floor of their apartment only to find Edwin laying on top of her covered in vomit. Paramedics declared Edwin dead at the scene. Unable to walk, and having trouble speaking, Briana’s parents took her to the hospital. Briana spent one week at L.A. General Hospital with several nights in the ICU.
Briana was diagnosed with carbon monoxide poisoning, severe kidney damage, heart damage, and rhabdomyolysis. Briana has difficulty with memory, cognition, and walking. She cannot ride a bike, she cannot walk longer than 20 minutes, and cannot retain information. Her dream of living on her own, becoming a therapist, and marrying Edwin became a nightmare that will take years for Briana to overcome.
Sadly, all of this happened because Briana’s landlord failed to install a $40 carbon monoxide alarm in Briana and Edwin’s apartment. Carbon monoxide alarms are mandatory and must be installed in all rental units in California. Carbon monoxide alarms are critical because carbon monoxide is the “silent killer.” Carbon monoxide cannot be smelled, seen, or detected by anything other than a carbon monoxide alarm. Carbon monoxide alarms save lives because, like a smoke alarm, they will sound an alarm way before carbon monoxide causes someone to lose consciousness and suffer permanent neurological and physiological harm.
During the trial of this case, the defendant's landlord was adamant that he had installed carbon monoxide alarms and repeatedly stated that he had the pictures and the receipts to prove it. But the defense case did not hold up. The jury concluded that Saenz LLC and its owner Nelson Saenz were negligent and had failed to install a carbon monoxide alarm in the apartment. Defendants were liable for a significant portion Briana’s pain and suffering and 100% of her future medical care, medical monitoring, and required therapy.
When you finish reading this, check your rental unit for a carbon monoxide alarm. If you don’t have an carbon monoxide alarm, demand that your landlord buy and install one immediately. If you own your home, buy and install a carbon monoxide alarm. Do not let carbon monoxide destroy your life!
To read more about this amazing verdict and result, please click the Daily Journal article below. The Daily Journal is the most preeminent legal newspaper in the country and featured Mr. Riley in an article about this case on March 14, 2025.
