Gaea Schell and her flute were inseparable for decades. She got it in 1989 as a teenager and continued using it, her skills blossoming until she became a professional jazz musician. Though it’s not a high-end instrument, she carted it to international performances and even salvaged it from a Los Angeles flea market after it was stolen in 2017.
But it looks like the flute is gone for good after housekeepers at her Tenderloin apartment building trashed it, she claimed.
“It had a nice, dark, sweet sound that they don’t make like that anymore,” she said.
Schell, who is also a pianist, may not be a household name, but she’s had a distinguished career on the jazz circuit. She has shared stages with Nancy King, John Stowell, Marcus Shelby, Tootie Heath, and members of the Clare Fischer Big Band (IYKYK).
On Monday, she filed suit in San Francisco Superior Court against the landlord, Landmark Realty, seeking compensation for the flute and other discarded property worth approximately $20,000.
Schell, 50, who is representing herself in the case, had searched for housing for more than a year after a long-term relationship ended. She wanted quarters that were not just affordable but close to her gigs and available on a month-to-month basis.
Finding a home that checked those boxes was “utterly impossible,” until she came across a furnished top-floor unit at 641 O’Farrell St., known as the Cornelia Suites.
Schell inked a deal with Landmark Realty and, after paying a $1,000 security deposit Dec. 3, received keys and got permission from the property manager to store belongings in the unit before her official move-in date, her lawsuit claims.
On Dec. 7, Schell stored her belongings in a closet in the seventh-floor apartment. Among the first items tucked away in her new home was her professional Yamaha concert flute, worth thousands of dollars. There was also jewelry, clothing, medications, original musical compositions, artwork, important documents, and photographs, Schell claims.
Three days later, the property manager told her that housekeepers had emptied the closet and thrown her belongings in the trash, according to the lawsuit.
“I was just absolutely speechless,” Schell said. “I was actually really, really sick too … and then I get this call, right before the holidays, basically a work season.”
The lawsuit alleges that the property manager initially took responsibility, telling Schell to send a list of the items and promising to “make this right.” But after meeting with company leadership, he told her in a subsequent conference call that it was “just an accident” and there would be no compensation, the lawsuit claims.
Schell says her prized flute was tossed by cleaners. | Source: Dennis Hearne
The flute held particular significance for Schell. She performed with it at last year’s Havana Jazz Festival and has recorded three CDs with it.
“I’ve gone through a lot of loss, and it did kind of throw me over the edge a little bit, honestly,” Schell said. “That flute is irreplaceable.”
The flute had been stolen once before, in 2017 in San Francisco. Schell discovered it listed for sale on eBay — the instrument had ended up in Los Angeles, where someone had purchased it at a flea market. A friend in L.A. picked it up from the police and drove it back to San Francisco for her.
Since losing the flute the second time, Schell has been performing with a student-level instrument at her regular gigs, which include a Friday-night slot at Harris’ bar lounge (opens in new tab).
Schell filed a police report Dec. 11 and sent a demand letter to Landmark Realty, which the company did not respond to, according to the lawsuit.
In the complaint, Schell says Landmark Realty’s staff dumped her belongings within a day — despite California rules requiring notice and a 15-day hold.
Rahman Popal, owner of San Francisco-based Law Firm for Tenant Rights, said the landlord is to blame.
“They can call it an accident, but what it is is an admission of negligence,” said Popal, who is not involved in the litigation. “The landlord had exclusive control of the site and removed the belongings. It may not be intentional, but it’s negligence.”
Under California law, tenants have a right to quiet enjoyment of their homes, which courts have interpreted to include secure premises, Popal said.
In this case, he noted, the interference came from the landlord’s staff. “Here, it’s even less of a distance — it’s no third party,” he said. “I imagine if legal counsel gets involved, a smart attorney would tell them to settle.”
Popal said he expects the company to argue that Schell should have had renters insurance — a common defense in such cases.
Landmark Realty, founded in 1968, manages more than 7,600 units across approximately 70 properties nationwide, according to its website, and specializes in multifamily housing and furnished corporate apartments.
Representatives of the company could not be reached for comment.