This case was last updated from Los Angeles County Superior Courts on 07/04/2019 at 06:26:31 (UTC).

CAROLYN RAMIREZ VS ROBERT RAMIREZ ET AL

Case Summary

On 07/28/2015 CAROLYN RAMIREZ filed a Property - Other Real Property lawsuit against ROBERT RAMIREZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GREGORY W. ALARCON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9307

  • Filing Date:

    07/28/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GREGORY W. ALARCON

 

Party Details

Plaintiff and Petitioner

RAMIREZ CAROLYN

Defendants, Respondents and Cross Defendants

DOES 1 TO 100

RAMIREZ ROBERT

RAMIREZ STEVEN RIOS

FDZ HOMES INC.

RAMIREZ LUCINDA

THAM DANG TRUSTEE

FDZ HOMES INC

CHAVEZ GLORIA

Defendants, Respondents and Cross Plaintiffs

RAMIREZ STEVEN RIOS

RAMIREZ LUCINDA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

CAMPBELL & FARAHANI LLP

SCHORR ZACHARY ESQ.

Defendant, Respondent and Cross Plaintiff Attorneys

DAVIS VINCENT W. ESQ.

WOLFE STUART B. ESQ.

LEE JONG HYUN

Other Attorneys

PARK PAUL

 

Court Documents

REQUEST FOR ENTRY OF DEFAULT

12/12/2017: REQUEST FOR ENTRY OF DEFAULT

Minute Order

1/19/2018: Minute Order

NOTICE RE: CONTINUANCE OF HEARING

8/6/2018: NOTICE RE: CONTINUANCE OF HEARING

NOTICE RE: CONTINUANCE OF HEARING

8/6/2018: NOTICE RE: CONTINUANCE OF HEARING

Summons

1/25/2019: Summons

DEFENDANT STEVEN RIOS RAMIREZ'S VERIFIED ANSWER TO PLAINTIFF'S VERIFIED COMPLAINT

11/18/2015: DEFENDANT STEVEN RIOS RAMIREZ'S VERIFIED ANSWER TO PLAINTIFF'S VERIFIED COMPLAINT

Minute Order

11/19/2015: Minute Order

AMENDMENT TO COMPLAINT

1/4/2016: AMENDMENT TO COMPLAINT

PROOF OF SERVICE SUMMONS

2/25/2016: PROOF OF SERVICE SUMMONS

Minute Order

4/11/2016: Minute Order

NOTICE OF RULING AT CASE MANAGEMENT CONFERENCE

4/12/2016: NOTICE OF RULING AT CASE MANAGEMENT CONFERENCE

Summons on Cross Complaint

7/15/2016: Summons on Cross Complaint

NON SERVICE DECLARTION

8/25/2016: NON SERVICE DECLARTION

DEFENDANTS, FDZ HOMES, INC. AND THAM DANG AS TRUSTEE OF THE FIDELITY ONE INVESTMENT TRUST DATED 9-22-2014'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SU

10/17/2016: DEFENDANTS, FDZ HOMES, INC. AND THAM DANG AS TRUSTEE OF THE FIDELITY ONE INVESTMENT TRUST DATED 9-22-2014'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SU

DECLARATION OF THAM DANG IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

10/17/2016: DECLARATION OF THAM DANG IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

DEFENDANTS, FDZ HOMES, INC. AND THAM DANG AS TRUSTEE OF THE FIDELITY ONE INVESTMENT TRUST DATED 9-22-2014 LIST OF EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

10/17/2016: DEFENDANTS, FDZ HOMES, INC. AND THAM DANG AS TRUSTEE OF THE FIDELITY ONE INVESTMENT TRUST DATED 9-22-2014 LIST OF EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

NOTICE RE: CONTINUANCE OF HEARING

2/1/2017: NOTICE RE: CONTINUANCE OF HEARING

NOTICE RE: CONTINUANCE OF HEARING

2/1/2017: NOTICE RE: CONTINUANCE OF HEARING

77 More Documents Available

 

Docket Entries

  • 04/30/2019
  • at 08:30 AM in Department 36, Gregory W. Alarcon, Presiding; Order to Show Cause Re: (Default as to Cross-Complaint) - Held - Continued

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  • 04/30/2019
  • Minute Order ( (Order to Show Cause Re: Default as to Cross-Complaint)); Filed by Clerk

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  • 02/28/2019
  • at 08:30 AM in Department 36, Gregory W. Alarcon, Presiding; Order to Show Cause Re: (Default as to Cross-Complaint) - Held - Continued

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  • 02/28/2019
  • Minute Order ( (Order to Show Cause Re: Default as to Cross-Complaint Matter...)); Filed by Clerk

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  • 01/25/2019
  • Summons (on Complaint); Filed by Lucinda Ramirez (Defendant)

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  • 01/25/2019
  • Cross-Complaint (First Amended); Filed by Lucinda Ramirez (Cross-Complainant); Lucinda Ramirez (Defendant)

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  • 11/02/2018
  • at 08:30 AM in Department 36, Gregory W. Alarcon, Presiding; (Order to Show Cause) - Held

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  • 11/02/2018
  • Substitution of Attorney

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  • 11/02/2018
  • Minute Order ((Legacy Event Type : Order to Show Cause)); Filed by Clerk

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  • 09/12/2018
  • at 08:30 AM in Department 36; Unknown Event Type

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181 More Docket Entries
  • 10/19/2015
  • Opposition Document; Filed by Plaintiff/Petitioner

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  • 09/15/2015
  • DEFENDANT STEVEN RIOS RAMIREZ'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S VERIFIED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; ETC.

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  • 09/15/2015
  • Defendant's Demurrer; Filed by Defendant/Respondent

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  • 08/31/2015
  • Notice of Case Management Conference; Filed by Clerk

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  • 08/31/2015
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 08/24/2015
  • Proof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 08/24/2015
  • PROOF OF SERVICE SUMMONS

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  • 07/28/2015
  • Complaint; Filed by Carolyn DISMISSED Ramirez (Plaintiff)

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  • 07/28/2015
  • SUMMONS

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  • 07/28/2015
  • VERIFIED COMPLAINT TO QUIET TITLE BASED ON ADVERSE POSSESSION

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Tentative Rulings

Case Number: BC589307    Hearing Date: March 12, 2021    Dept: 36

 

Superior Court of California

County of Los Angeles

Department 36

CAROLYN RAMIREZ,

Plaintiff,

v.

ROBERT RAMIREZ; et al.,

Defendants.

Case No.: BC589307

Hearing Date: 3/12/2021

[TENTATIVE] RULING RE: Default Application

The court sets an Order to Show Cause Re: Representation of the Estate of Steven Rios Ramirez for March 30, 2021.

At the instant hearing, Counsel for Cross-Complainant Lucinda Ramirez, Personal Representative of Steven Rios Ramirez is ordered to brief the court of the present status of Lucinda Ramirez’s status as Personal Representative of Steven Rios Ramirez and the Estate of Steven Rios Ramirez.

Dated: ____________________________

Gregory Alarcon

Superior Court Judge

Case Number: BC589307    Hearing Date: January 15, 2021    Dept: 36

 

 *COUNSEL – YOU CANNOT SUBMIT ON THE TENTATIVE PRIOR TO THE HEARING*

 

Superior Court of California

County of Los Angeles

Department 36

CAROLYN RAMIREZ,

Plaintiff,

v.

ROBERT RAMIREZ; et al.,

Defendants.

Case No.: BC589307

Hearing Date: 1/15/2021

[TENTATIVE] RULING RE: Default Application

The court will hold a live testimony default prove-up hearing on February 17, 2021 at 8:30 a.m.

Entry of Default

A defendant or cross-defendant may be served by publication when the plaintiff or cross-complainant satisfies several requirements with the court. (CCP § 415.50(a), (b).) Cross-Complainant obtained an Order for Publication on February 24, 2020, and filed proof of publication on July 10, 2020, showing publication of the First Amended Cross-Complaint Summons, as well as Statement of Damages, properly for four subsequent weeks on 04/15/2020, 04/22/2020, 04/30/2020, and 05/06/2020. (CCP § 415.50(c); Govt. Code § 6064.) Cross-Complainant then filed proof of service of the Summons and Statement of Damages on August 19, 2020. Default was properly entered September 15, 2020. (Govt. Code § 6064.)

 

Live Testimony Prove-Up Hearing

Pursuant to Los Angeles Superior Court Local Rule 3.201, the preferred method for a plaintiff to obtain default judgment is based on declarations under Code of Civil Procedure section 585(d) and California Rules of Court, Rule 3.1800. (LASC Rule 3.201(a).) A live testimony prove-up hearing may be scheduled if ordered by the court in its discretion. (Id. at (b).)

Cross-Complainant seeks default judgment against Cross-Defendant Robert Ramirez on the causes of action in the First Amended Cross-Complaint filed January 25, 2019: (1) Breach of Fiduciary Duty (2) Fraud and Deceit (3) Constructive Fraud (4) Constructive Trust (5) Negligent Misrepresentation (6) Negligence (7) Conversion (8) Accounting (9) Double Damages for Wrongful Taking, Concealment, and Disposition of Property (10) Elder Abuse (11) Removal of Trustee.

Cross-Complainant makes the following allegations.

Steven Rios Ramirez and Robert Ramirez are the sons of Frank C. Ramirez and Frances Ramirez, the original Settlors of the Ramirez Living Trust of 2002 dated March 14, 2002. (FACC ¶¶ 1, 3.) Frank C. Ramirez and Frances Ramirez died in 2006 and 2010, respectively. (Id. ¶ 2.) The testamentary plan is made up of (1) The Ramirez Living Trust of 2002; the Last Will and Testament of each decedent, and the Comprehensive Transfer Document (Id. ¶ 7, Exhs. A-D). Robert Ramirez was named in the Ramirez Living Trust of 2002 as Successor Trustee. (Id. ¶ 3.) The Ramirez Living Trust of 2002 document required Robert Ramirez to establish the Steven Ramirez testamentary trust; and to provide to the trust "$50,000 and the property located at 325 S. La Verne Ave., Los Angeles, California...." (Id. ¶¶ 7, 8, Exh. A.)

Robert Ramirez did not establish the Steven Ramirez trust. (Id. ¶ 10.) Steven Ramirez requested the Decedents’ will or trust from Robert Ramirez, but Robert Ramirez did not produce it. (Id. ¶¶ 7, 13.)

Robert Ramirez represented to Steven Ramirez that Robert Ramirez was collecting rent from Carolyn Ramirez, who has been a tenant at the subject property since 1998. (Id. ¶ 12.)

In the Petition to Determine Assets of Trust, Robert sought to have the Subject Property be deemed to have been transferred into the Ramirez Living Trust of 2002; the probate case was dismissed. (Id. ¶¶ 18, 19.)

Robert Ramirez without Steven Ramirez’s notice, consent or knowledge transferred the title of the subject property at 325 S. La Verne Ave. and failed to make any distribution to Steven Ramirez. (Id. ¶ 28.) Robert Ramirez did not pay for Steven Ramirez from the income or principal of the Steven Ramirez Trust. (Id. ¶ 24.) The title transfer was done without providing notice to Steven, nor providing notice of The Ramirez Living Trust of 2002 (Id. ¶ 28); nor has an accounting been made (Id. ¶ 27). Cross-Complainant alleges that Robert Ramirez has taken, concealed or wrongfully disposed of the $50,000, the subject property, and/or profits from the subject property. (Id.)

Robert Ramirez’s failure to fulfill his duty as trustee of the Ramirez Living Trust of 2002 and the Steven Ramirez trust led to the filing of the Complaint filed by Carolyn Ramirez on July 28, 2015 and requiring Steven Ramirez to defend. (Id. ¶ 29.)

Based on the foregoing, the court orders a live testimony default prove-up hearing with respect to Cross-Complainant’s causes of action against Cross-Defendant Robert Ramirez.

Dated: ____________________________

Gregory Alarcon

Superior Court Judge