The former residents of a home in the Sunset District filed a complaint yesterday in San Francisco Superior Court, alleging the owners of the home next door were negligent and are liable for the damages caused by a massive explosion on February 9, 2023. David Garth and his wife Nang Phommavongsay lived next door to the home that exploded on a quiet Thursday morning. They returned to find the home they lived in completely destroyed due to the explosion and fire.
The Complaint alleges that Peter and Diane DeMartini, as trustees of the Peter and Diane DeMartini Revocable Trust, failed to exercise their obligations under the law to ensure that their tenant, who has been charged with manslaughter in his role in the explosion, did not create a dangerous condition in the home. The tenant had been using the garage as a laboratory to fabricate “hash oil,” and his use of highly incendiary chemicals sparked the explosion and subsequent fire.
The Complaint alleges that the DeMartinis knew or should have known that their tenant had created this dangerous condition and did nothing to stop it. David Hollenberg of Cotchett, Pitre & McCarthy, LLP, stated:
“The behavior exhibited by the Defendants is nothing short of shocking. Allowing a tenant to operate a highly dangerous drug lab in your garage is a ticking time bomb. Their neighbors David and Nang are lucky to be alive, and their lives are forever marked by this tragic event. They were left with nothing, and the Defendants are responsible.”
