This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 09:37:36 (UTC).

TAMARA YURYEVNA BABAEVA ET AL VS JAMAL PROPERTIES INC

Case Summary

On 10/31/2016 TAMARA YURYEVNA BABAEVA filed a Contract - Other Contract lawsuit against JAMAL PROPERTIES INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is DALILA CORRAL LYONS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9210

  • Filing Date:

    10/31/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DALILA CORRAL LYONS

 

Party Details

Plaintiffs

ALNAJARANI DRAIM ALI

SAJADI MOHAMMAD

ALNAJARANI ARWA DRAIM

MEY-SAJADI DORYS

Defendants, Cross Plaintiffs and Cross Defendants

HOMESITE SERVICES INC.

JAMAL PROPERTIES INC. OWNERS OF 9955 DURANT DRIVE APARTMENTS BEVERLY HILLS CALIFORNIA 90212

SEAMLESS FLOORING LA LLC

MRC ROVCO CONSTRUCTION INC.

Cross Defendants and Cross Plaintiffs

REFINED CONSTRUCTION ON CROSS-COMPLAINTS FILED ON BY MIKE ROVNER CONSTRUCTION

REYES JIM DBA PACIFIC DOOR INDUSTRIES

ZOES 1 THROUGH 100

NOVA CONTRACTORS INC MOE 7 - ON CROSS-COMPLAINT FILED ON BY MIKE ROVNER CONSTRUCTION INC.

FEIZ ELECTRIC

HOMESITE SERVICES INC.

JAMAL PROPERTIES INC. OWNERS OF 9955 DURANT DRIVE APARTMENTS BEVERLY HILLS CALIFORNIA 90212

ENCORE PAINTING INC.

FINE STONE & CABINETRY INC.

FAHRENHEIT HEATING & AIR CONDITIONING INC.

JHF A/C & HEATING

HERNANDEZ JORGE

BARAJAS RUDY J. DBA REFINED CONSTRUCTION

SEAMLESS FLOORING LA LLC

ADOLFO'S CONTRACTOR CORPORATION

24 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

SMITH JAY W.

SAINT-GEORGE M. MICHAEL ESQ.

Defendant and Cross Plaintiff Attorneys

MINNICK KRISTINE E.

HARRIS CHARLES L.

CARPENTER GREGORY J.

VICK JONATHAN S.

Cross Defendant and Cross Plaintiff Attorneys

VANIS RICHARD W. JR

NEMATOLLAHI ARASH

CARPENTER GREGORY J.

HERNANDEZ GEORGE JAMES JR

LEVINE JEFFREY E

OLSON ROBERT J.

BOTROS KATHERINE T.

FELDMAN GREGORY A.

LAGMAN-LEGASPI CATHERINE

HUNTER JASON D.

NORTHRUP LINDA L.

SLAUGHTER WILLIAM M.

REINHOLTZ JACK R.

JENNINGS MARC J.

Other Attorneys

SAINT-GEORGE MICHAEL ESQ.

 

Court Documents

CROSS-DEFENDANT WEST OAKS GLASS & MIRROR INC.'S ANSWER TO JAMAL PROPERTIES, INC.'S CROSS-COMPLAINT

1/4/2018: CROSS-DEFENDANT WEST OAKS GLASS & MIRROR INC.'S ANSWER TO JAMAL PROPERTIES, INC.'S CROSS-COMPLAINT

STIPULATION TO CONTINUE TRIAL DATE AND ALL RELATED TRIAL DEADLINES; (PROPOSED0 ORDER

1/24/2018: STIPULATION TO CONTINUE TRIAL DATE AND ALL RELATED TRIAL DEADLINES; (PROPOSED0 ORDER

AMENDMENT TO COMPLAINT

2/16/2018: AMENDMENT TO COMPLAINT

REQUEST FOR APPLICATION ENTRY OF DEFAULT

3/15/2018: REQUEST FOR APPLICATION ENTRY OF DEFAULT

MIKE ROVNER CONSTRUCTION, INC. DBA MRC ROVCO CONSTRUCTION, INC.'S ANSWER TO CROSS-COMPLAINT OF HECTOR ERIQUE GONZALES RMA DRA PLATINUM PACIFIC LANDSCAPE

4/2/2018: MIKE ROVNER CONSTRUCTION, INC. DBA MRC ROVCO CONSTRUCTION, INC.'S ANSWER TO CROSS-COMPLAINT OF HECTOR ERIQUE GONZALES RMA DRA PLATINUM PACIFIC LANDSCAPE

PROOF OF SERVICE OF SUMMONS

4/13/2018: PROOF OF SERVICE OF SUMMONS

CROSS-DEFENDANT DC GLASS INSTALLATION INC.'S ANSWER TO CROSS-COMPLAINT FILED BY JAMAL PROPERTIES (9955 DURANT), INC

4/13/2018: CROSS-DEFENDANT DC GLASS INSTALLATION INC.'S ANSWER TO CROSS-COMPLAINT FILED BY JAMAL PROPERTIES (9955 DURANT), INC

CROSS-DEFENDANT ALLIANCE ENVIRONMENTAL GROUP, INC.'S ANSWER TO CROSS-COMPLAINT

5/4/2018: CROSS-DEFENDANT ALLIANCE ENVIRONMENTAL GROUP, INC.'S ANSWER TO CROSS-COMPLAINT

REQUEST FOR DISMISSAL

6/6/2018: REQUEST FOR DISMISSAL

SUBSTITUTION OF ATTORNEY

6/8/2018: SUBSTITUTION OF ATTORNEY

CROSS DEFENDANT WESTOAKS GLASS AND MIRROR INC.'S ANSWER TO MIKE ROVNER CONSTRUCTION, INC., DBA MRC ROVCO CONSTRUCTION, INC.'S CROSS-COMPLAINT

7/27/2018: CROSS DEFENDANT WESTOAKS GLASS AND MIRROR INC.'S ANSWER TO MIKE ROVNER CONSTRUCTION, INC., DBA MRC ROVCO CONSTRUCTION, INC.'S CROSS-COMPLAINT

CROSS-DEFENDANT CABINETS 2000, INC.'S SEPARATE STATEMENT OF UNDISPUTED FACTS

9/12/2018: CROSS-DEFENDANT CABINETS 2000, INC.'S SEPARATE STATEMENT OF UNDISPUTED FACTS

CROSS-DEFENDANT CABINETS 2000, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; ETC

9/12/2018: CROSS-DEFENDANT CABINETS 2000, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; ETC

Petition to Approve Compromise of Disputed Claim

2/20/2019: Petition to Approve Compromise of Disputed Claim

CASE MANAGEMENT ORDER

3/22/2017: CASE MANAGEMENT ORDER

PLAINTIFFS' DECLARATION IN RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE

9/27/2017: PLAINTIFFS' DECLARATION IN RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE

PLAINTIFFS' AMENDED STATUS REPORT RE: SETTLEMENT

10/2/2017: PLAINTIFFS' AMENDED STATUS REPORT RE: SETTLEMENT

PROOF OF SERVICE OF SUMMONS

11/21/2017: PROOF OF SERVICE OF SUMMONS

248 More Documents Available

 

Docket Entries

  • 09/04/2019
  • Hearingat 08:30 AM in Department 20 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Petition to Confirm Minor's Compromise

    Read MoreRead Less
  • 09/04/2019
  • Hearingat 08:30 AM in Department 20 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

    Read MoreRead Less
  • 09/04/2019
  • Hearingat 08:30 AM in Department 20 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Petition to Confirm Minor's Compromise

    Read MoreRead Less
  • 07/31/2019
  • Docketat 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Hearing on Petition to Confirm Minor's Compromise (- Reservation ID #420547480476) - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
  • 07/31/2019
  • Docketat 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Hearing on Petition to Confirm Minor's Compromise (- Reservation ID #918203254311) - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
  • 07/30/2019
  • DocketNotice of Ruling; Filed by Mike Rovner Construction Inc., (Cross-Defendant)

    Read MoreRead Less
  • 07/29/2019
  • Docketat 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Hearing on Petition to Confirm Minor's Compromise - Held - Continued

    Read MoreRead Less
  • 07/29/2019
  • Docketat 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Hearing on Petition to Confirm Minor's Compromise - Held - Continued

    Read MoreRead Less
  • 07/29/2019
  • Docketat 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Order to Show Cause Re: Dismissal (Settlement) (failure by plaintiff and all cross-complainants to file a dismissal of settled action) - Held - Continued

    Read MoreRead Less
  • 07/29/2019
  • Docketat 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Non-Appearance Case Review (of Cross-Defendant/Cross-Complainant Mike Rovner Construction, Inc. dba MRC Rovco Construction, Inc.'s declaration in response to Court's Order to Show Cause set for May 22, 2019 and/or review of dismissal of entire action) - Held

    Read MoreRead Less
511 More Docket Entries
  • 11/07/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 11/07/2016
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

    Read MoreRead Less
  • 11/07/2016
  • DocketAPPLICATION AND ORDER FOR APOINTMENT OF GUARDIAN AD LITEM - CIVIL

    Read MoreRead Less
  • 11/07/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 11/07/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 11/07/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 11/07/2016
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

    Read MoreRead Less
  • 11/07/2016
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

    Read MoreRead Less
  • 10/31/2016
  • DocketCOMPLAINT FOR: 1. BREACH OF WARRANTY OF HABITABILITY (CONTRACT); ETC

    Read MoreRead Less
  • 10/31/2016
  • DocketComplaint; Filed by Tamara Yuryevna Babaeva (Plaintiff); Draim Ali Alnajarani (Plaintiff); Munerah Al Saed (Plaintiff) et al.

    Read MoreRead Less

Tentative Rulings

Case Number: BC639210    Hearing Date: October 29, 2019    Dept: 20

Tentative Ruling

Judge Dalila C. Lyons

Department 20


Hearing Date: Tuesday, October 29, 2019

Case Name: Tamara Yuryevna Babaeva, et al. v. Jamal Properties, Inc. et al.

Case No.: BC639210

Motion: Petition to Approve Minor’s Compromise

Moving Party: Plaintiff Dorys May-Sajadi, guardian ad litem for claimant Andre Azad Sajadi

Responding Party: *UNOPPOSED*

Notice: OK


Ruling: Plaintiff Dorys May Sajadi’s Petition to Approve Minor’s Compromise for Andre Azad Sajadi is GRANTED.

Moving Party to provide notice.


BACKGROUND

On October 31, 2016, Plaintiffs Tamara Yuryevna Babaeva (“Tamara”), Erika Khalilova (“Erika”) a minor my and through her guardian ad litem, Draim Ali Alnajarani (“Ali”), Munerah Al Saed (“Munerah”), Arwa Draim Alnajarani (“Arwa”), Mohammad Alnajarani (“Mohammad A.”) a minor by and through his guardian ad litem, Armani Alnajarani (“Armani”) a minor by and through her guardian ad litem, Dorys Mey-Sajadi (“Dorys”), Mohammad Sajadi (“Mohammad S.”), Ezzat Sajadi Khonsari (“Ezzat”), and Andre Azad Sajadi (“Andre”) (collectively “Plaintiffs”) filed the Complaint against Defendant Jamal Properties, Inc. (“Jamal Properties”) as owners of 9955 Durant Drive Apartments, Beverly Hills, CA 90212 (the “Subject Property”) and Does 1 to 50 for (1) breach of warranty of habitability (contract); (2) breach of warranty of habitability (statute); (3) breach of covenant of quiet enjoyment; (4) negligence; (5) negligent infliction of emotional distress; (6) intentional infliction of emotional distress; (7) private nuisance; (8) violation of Business and Professions Code § 17200 et seq.; and (9) declaratory and injunctive relief.

Plaintiffs allege the Complaint arises from the failure by Defendant as landlord, owner, and manager of the Subject Property to maintain it in a safe and habitable condition. Specifically, Plaintiffs allege they were exposed to toxic dust from Jamal Properties’s demolition and construction at the Subject Property.

Through various cross-complaints for indemnity and contribution the following cross-defendants were brought into the action: Mike Rovner Construction, Inc. (“Rovner Construction”), Adolfo’s Contractor Corporation (“Adolfo’s Contractor”), Carpet USA, Ltd. (“Carpet USA”), Spectrum Glass & Mirror, Inc. (“Spectrum Glass”), Encore Painting, Inc. (“Encore Painting”), Cabinets 2000, Inc. (“Cabinets 2000”, Jorge Hernandez (“Hernandez”) d/b/a JHF A/C & Heating (“JHF”), Hector E. Gonzales (“Gonzales”) d/b/a Platinum Pacific Landscape (“Platinum Landscape”), Fahrenheit Heating & Air Conditioning, Inc. (“Fahrenheit Heating”), Fine Stone & Cabinetry, Inc. (“Fine Stone”), Greater Spark Contractors, Inc. (“Greater Spark”), Master Craft Iron Co., Inc. (“Master Craft”), Poornazh Fire Control, Inc. (“Poornazh Fire”), R & R Landscape Services, Inc. (“R & R Landscape”), Rag Electric, Inc. (“Rag Electric”) d/b/a Feiz Electric, Rudy Y. Barajas (“Barajas”) d/b/a Refined Construction, Seamless Flooring LA, LLC (“Seamless Flooring”), Compton Steel Co., Inc. (“Compton Steel”), DC Glass Installations, Inc. (“DC Glass”), Shani Wallcovering & Paint (“Shani Wallcovering”), Westoaks Glass & Mirror, Inc. (“Westoaks Glass”), Home Site Services, Inc. (“Home Site”), Alliance Environmental Group, Inc. (“Alliance Environmental”), Express Contractors, Inc. (“Express Contractors”). All cross-defendants and Jamal Properties are collectively referred to as “Defendants”.

On October 02, 2018, the Court dismissed with prejudice the Complaint as filed by Ali, Munerah, Arwa, Mohammad A., and Armani due to their failure to appear for their depositions in compliance with the Court’s August 28, 2018 order.

On November 7, 2018, Plaintiffs filed a Notice of Settlement of the entire case.

This is Dorys’s third petition on behalf of Andre. Previous petitions failed to attach medical records evidencing Andre’s injuries.

ANALYSIS

I. Minor’s Compromise

A claim by or against a minor can be settled only with court approval. CCP § 372; Probate Code §§2504, 3500, 3600 et. seq. The petition must contain a full disclosure of all information that bears on the reasonableness of the compromise. See Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2011) ¶12:574.5. The court must not only approve the amount of the settlement, but also the attorneys’ fees, the litigation costs, and other expenses, as well as how the settlement proceeds are to be invested. See Prob. Code §§ 3600; 3610. Under CRC Rule 7.950, the petition must be verified, and must include:

(1) The name, birthdate, age, and sex of the minor or person with a disability; (2) An account of the facts or events and the circumstances out of which the claim or injury arose, including the time, the place, and the identity of the persons involved; (3) A description of the nature and extent of the injury giving rise to the claim, with sufficient particularity to inform the court whether the injury is permanent or temporary; (4) An original or a photocopy of all doctors' reports containing a diagnosis of and prognosis for the injury, and a report of the claimant's present condition; (5) In all cases in which payment for medical or hospital care or treatment for the claimant is sought, the names of the hospitals, doctors, and other providers furnishing the care, the amounts of the respective charges for the care (whether paid or owing), the amounts paid (whether covered by insurance or not), the amounts of any negotiated reductions of the charges, and the net amount owed to each provider; (6) The amount of attorney's fees requested and the basis for the fees, with an itemization of the costs sought to be allowed and charged against the settlement; (7) The gross and net amounts of the settlement; (8) A description of the manner in which the settlement proceeds will be distributed; (9) A full disclosure of all amounts, if any, paid or to be paid to other claimants; (10) A statement of whether the petitioner is a plaintiff in the same action with the minor or claimant with a disability and, if so, whether the pendency or disposition of the petitioner's claim on his or her own behalf has in any way affected the proposed compromise of the claim; (11) A statement of whether the petitioner is a claimant against the recovery of the minor or claimant with a disability and, if so, whether the pendency or disposition of petitioner's claim on his or her own behalf has in any way affected the proposed compromise of the claim; (12) If settlement money is to be deposited in an account or accounts subject to withdrawal only upon order of the court, the name and address of the proposed depository; (13) A statement whether notice of the action or claim has been given under Welfare and Institutions Code section 14124.73; and (14) If the petition requests an order for payment of money to a special needs trust, a statement of the method by which all statutory liens will be satisfied under Probate Code Section 3604.

Here, the petition complies with the CRC. Andre’s medical records are appended to the application as Attachment 8. Defendants agreed to pay $126,000 to settle the claims, with payment of $6,500 to Andre. Andre is a minor that is thirteen years of age as of the date of this petition. Counsel for Andre requests $1,625 in attorney’s fees, which is less than the 33%-40% provided for in the attorney’s employment agreement. Counsel is not deducting costs. Less attorney’s fees of $1,625, the total recovery for Andre is $4,875.

The funds will be deposited with Wells Fargo Bank (Bank & Credit Union) 9354 Wilshire Blvd., Beverly Hills, CA 90212 in a blocked account subject to withdrawal only upon authorization of the court.

Accordingly, the petition for approval of the minor’s compromise is GRANTED.