Law Student Settles With Landlord Over Repair Demands
Affordable housing advocate and online publisher Matthew Cardinale was sued by his lease-to-own landlord, Divvy Homes, after he requested thousands of dollars in repairs to the northwest Atlanta house he is hoping to buy.
June 06, 2018 at 02:11 PM
4 minute read
One day before he was to appear in court to argue several motions, a law student and fair housing advocate reached a tentative settlement with the rent-to-own housing company that sued him over demands for repairs to the home he agreed to purchase. Matthew Cardinale, who also publishes the online Atlanta Progressive News website, was sued by San Francisco-based Divvy Homes in April after the company accused Cardinale of seeking thousands of dollars in repairs to the northwest Atlanta home he contracted to purchase. Divvy Homes contended among other things that Cardinale “appears to have entered into the lease agreement for purposes of his own agenda and not in a good faith effort to pursue home ownership” with Divvy. Cardinale, who was awarded a law school scholarship after arguing and winning a case at the Georgia Supreme Court in 2012, fought back hard, filing multiple motions and briefs against Divvy. They included an anti-SLAPP motion taking aim at Divvy's argument that the contract should be rescinded because he is a housing advocate. Divvy, represented by Troutman Sanders partners William Droze and Jeff Greenway, said that Cardinale “began making repair requests to Divvy Homes and sought to prorate the February rent” as soon as he moved in to the home and that neither Divvy nor Cardinale had realized the extent of damage the house had when it was inspected. Divvy argued that Cardinale had reported via social media that he was preparing to sue Divvy and had “breached the covenant of good faith and fair dealing” under Georgia contract law.
In an email, Droze said the parties "are working towards a mutually satisfactory settlement and hope to be able to accomplish Divvy Homes' mission of getting Mr. Cardinale on the right path to homeownership."
Arguments slated for Tuesday before Fulton County Superior Court Judge Craig Schwall were postponed.
“We've been talking over the last several days and tentatively reached a settlement on Monday, but it's not finalized,” said Cardinale. “I do feel comfortable saying that it involves me purchasing the house. The hearing was postponed with no new date set—the court gave us a couple of weeks to figure that out.” Cardinale has long been active in pushing for progressive legislation in Atlanta and elsewhere, and his nonprofit, SMARTAlec, has worked with Atlanta, Clarkston and other municipalities to address fair housing issues. He was awarded a full legal scholarship to Gonzaga University School of Law after persuading the Georgia Supreme Court that Atlanta officials had violated the state Open Meetings Act. He recently finished up his coursework at Emory University Law School. Cardinale said he is not particularly eager to sit for the bar exam or practice law. “I don't really care for litigation,” he said. “I'm good at it; I get so angry. I enjoy it while I'm doing it. But I hate court work; I'm interested in pursuing public policy.” Cardinale admitted he was somewhat disappointed that he wasn't able to argue his case before Schwall. “I was ready; I had my two binders with about 700 pages of litigation, and I felt very strongly about my motions,” he said. “But I'm interested in drafting legislation. I think that's a better use of my time,” he said. “So when the possibility of a settlement came along that was mutually beneficial, I was ready to jump on it.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllArt of the Settlement: Trump Attorney Reveals Strategy in ABC Lawsuit
Court Advisory Committee Inches Forward on Transparency in Litigation Financing
Nashville DA Secretly Recorded Defense Lawyers, Other Office Visitors, Probe Finds
3 minute readJudge Sounds Alarm Over Persistent Circuit Split on 'Favorable Termination' Rule
Trending Stories
- 1Considering the Implications of the 2024 Presidential Election for Jurors in White Collar Cases
- 22024 in Review: Judges Met Out Punishments for Ex-Apple, FDIC, Moody's Legal Leaders
- 3What We Heard From Litigation Leaders in 2024
- 4Akin and Simpson Create New Practice Groups With Integrated Teams
- 5Thursday Newspaper
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250