This case was last updated from Los Angeles County Superior Courts on 06/05/2019 at 00:04:06 (UTC).

HUMBERTO RAMIREZ ET AL VS BRE INVESTMENT LLC ET AL

Case Summary

On 03/22/2017 HUMBERTO RAMIREZ filed a Contract - Other Contract lawsuit against BRE INVESTMENT LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4921

  • Filing Date:

    03/22/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs

PLATERO MARIA

LOPEZ LUIS

PLATERO HUGO

RAMIREZ HUMBERTO

LOPEZ MARIA

SANTA CRUZ UVER

VILLEGAS EMMA

PLATERO MELISSA

SOSA UVER SAUL SANTA CRUZ

SANTA CRUZ MARIA

TATUAN DINA

RODAS HECTOR

Defendants

BRE INVESTMENT LLC

BETTER REAL ESTAT I LLC

WESTERN REGIONAL PROPERTIES LLC

AKINYEMI TEMIDAYO

5 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

REED ROBERT JOSEPH

KELLY PHILIP MATTHEW

Defendant Attorneys

CZAJKOWSKYJ CYRILLUS SIMEON

WOOD CARY LINN

REAGAN BARRY JAMES ESQ.

SIDERMAN LORI ELLEN

 

Court Documents

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

1/17/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

1/17/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

2/14/2018: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

2/14/2018: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

Proof of Service

2/21/2018: Proof of Service

Unknown

4/24/2018: Unknown

DECLARATION

4/24/2018: DECLARATION

NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS? FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

4/24/2018: NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS? FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

OPPOSITION TO MOTION TO STRIKE

5/17/2018: OPPOSITION TO MOTION TO STRIKE

REPLY OF DEFENDANT BETTER REAL ESTATE 1, LLC IN SUPPORT OF MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT

5/23/2018: REPLY OF DEFENDANT BETTER REAL ESTATE 1, LLC IN SUPPORT OF MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT

Minute Order

5/31/2018: Minute Order

ORDER RE DEFENDANT'S MOTION TO STRIKE

5/31/2018: ORDER RE DEFENDANT'S MOTION TO STRIKE

Minute Order

5/31/2018: Minute Order

NOTICE OF RULING AND STATUS CONFERENCE

6/1/2018: NOTICE OF RULING AND STATUS CONFERENCE

SECOND AMENDED COMPLAINT 1. NEGLIGENCE, ETC

6/22/2018: SECOND AMENDED COMPLAINT 1. NEGLIGENCE, ETC

NOTICE OF ASSOCIATION OF COUNSEL

7/17/2018: NOTICE OF ASSOCIATION OF COUNSEL

NOTICE OF TRIAL, FSC AND STATUS CONFERENCE

7/20/2018: NOTICE OF TRIAL, FSC AND STATUS CONFERENCE

NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS' SECOND AMENDED COMPLAINT; MEMORANDUM OF POINTS ANLY AUTHORITIES

7/27/2018: NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS' SECOND AMENDED COMPLAINT; MEMORANDUM OF POINTS ANLY AUTHORITIES

137 More Documents Available

 

Docket Entries

  • 05/03/2019
  • DocketRequest for Dismissal; Filed by David Bramante (Defendant); Bre Investment LLC (Defendant)

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  • 05/02/2019
  • DocketStipulation and Order (to continue trial and all related dates); Filed by David Bramante (Defendant); Bre Investment LLC (Defendant)

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  • 05/02/2019
  • DocketOrder ((Proposed) ORDER CONTINUING TRIAL AND RELATED DATES); Filed by David Bramante (Defendant); Bre Investment LLC (Defendant)

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  • 05/01/2019
  • DocketNotice of Entry of Dismissal and Proof of Service; Filed by Humberto Ramirez (Plaintiff)

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  • 04/30/2019
  • DocketRequest for Dismissal; Filed by Humberto Ramirez (Plaintiff)

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  • 04/29/2019
  • DocketAssociation of Attorney; Filed by Bre Investment LLC (Defendant)

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  • 04/26/2019
  • DocketStipulation and Order (to set aside entry of Default); Filed by Bre Investment LLC (Defendant)

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  • 04/25/2019
  • Docketat 09:00 AM in Department 56; Informal Discovery Conference (IDC) - Not Held - Rescheduled by Court

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  • 04/25/2019
  • DocketAnswer; Filed by Bre Investment LLC (Defendant)

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  • 04/18/2019
  • Docketat 08:30 AM in Department 56; Hearing on Motion for Leave to Intervene - Not Held - Advanced and Vacated

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252 More Docket Entries
  • 04/07/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/05/2017
  • DocketNOTICE OF REJECTION APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 04/05/2017
  • DocketNOTICE OF REJECTION- APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 04/01/2017
  • DocketCase Management Statement; Filed by Humberto Ramirez (Plaintiff); Maria Lopez (Plaintiff); Luis Lopez (Plaintiff) et al.

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  • 03/27/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 03/27/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 03/27/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 03/27/2017
  • DocketAPPLICATION AN ORDER FOR APPOINTMENT OF GUAN AD LITEM CIVIL

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  • 03/22/2017
  • DocketCOMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES 1. BREACH OF THE COVENANT OF QUIET ENJOYMENT

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  • 03/22/2017
  • DocketComplaint; Filed by Humberto Ramirez (Plaintiff); Maria Lopez (Plaintiff); Luis Lopez (Plaintiff) et al.

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Tentative Rulings

Case Number: ****4921    Hearing Date: November 20, 2020    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

HUMBERTO RAMIREZ, et al.,

Plaintiffs,

vs.

BRE INVESTMENT, LLC, et al.,

Defendants.

CASE NO.: ****4921

[TENTATIVE] ORDER RE: PETITIONS TO APPROVE COMPROMISE OF DISPUTED CLAIM

Date: November 20, 2020

Time: 8:30 a.m.

Dept. 56

Two petitions were filed to approve compromise of disputed claim as to the minors below. No oppositions were filed to the petitions.

PETITION ON BEHALF OF KAITLYNN RODAS

Petitioner, parent, and guardian ad litem Dina Tatuan petitioned to approve compromise of disputed claim on behalf of Claimant Kaitlynn Rodas. The petition is unopposed.

Under the terms of the compromise, Claimant will receive a gross sum of $56,178.81 of which: (1) $14,044.71 will be used to pay attorneys’ fees; and (2) $3,206.44 will be used to pay expenses other than medical expenses. Claimant will be left with a net balance of proceeds of $38,927.66 that is proposed that is proposed to be invested in a single-premium deferred annuity, subject to withdrawal only upon the authorization of the Court. (Petition at ¶ 19(b)(3).) Attachment 19b(3) states that the annuity will be issued by Prudential Life Insurance Company of America.

The Court GRANTS the petition to approve compromise of disputed claim on behalf of Claimant Kaitlynn Rodas as it is unopposed (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410) conditioned on the appearance of petitioner, parent, and guardian ad litem Dina Tatuan at the hearing for the Court to take her testimony[1]. The Court will set an OSC re: proof of deposit at the hearing.

PETITION ON BEHALF OF MOISES SANTA CRUZ

Petitioner, parent, and guardian ad litem Maria Santa Cruz petitioned to approve compromise of disputed claim on behalf of Claimant Moises Santa Cruz. The petition is unopposed.

Under the terms of the compromise, Claimant will receive a gross sum of $56,178.81 of which: (1) $14,044.71 will be used to pay attorneys’ fees; and (2) $3,206.44 will be used to pay expenses other than medical expenses. Claimant will be left with a net balance of proceeds of $38,927.66 that is proposed that is proposed to be invested in a single-premium deferred annuity, subject to withdrawal only upon the authorization of the Court. (Petition at ¶ 19(b)(3).) Attachment 19b(3) states that the annuity will be issued by Prudential Life Insurance Company of America.

The Court GRANTS the petition to approve compromise of disputed claim on behalf of Claimant Moises Santa Cruz as it is unopposed (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410) conditioned on the appearance of petitioner, parent, and guardian ad litem Maria Santa Cruz at the hearing for the Court to take her testimony[2]. The Court will set an OSC re: proof of deposit at the hearing.

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 20th day of November 2020

Hon. Holly J. Fujie

Judge of the Superior Court


[1] Due to the current COVID-19 pandemic, the Court strongly encourages appearances via LACourtConnect.

[2] Due to the current COVID-19 pandemic, the Court strongly encourages appearances via LACourtConnect.



Case Number: ****4921    Hearing Date: November 17, 2020    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

HUMBERTO RAMIREZ, et al.,

Plaintiffs,

vs.

BRE INVESTMENT, LLC, etc., et al.,

Defendants.

CASE NO.: ****4921

[TENTATIVE] ORDER RE: MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

Date: November 17, 2020

Time: 8:30 a.m.

Dept. 56

MOVING PARTY: Defendant Better Real Estate I, LLC (“Moving Defendant”)

The Court has considered the moving papers. No opposition papers were filed.

BACKGROUND

This action arises from allegedly wrongful actions taken against tenants in an apartment building located at 240 N. Robinson Street in Los Angeles.

Moving Defendant filed a motion for determination of good faith settlement (the “Motion”)[1] as to a settlement entered into between Moving Defendant and Plaintiffs. The Motion is unopposed.

Due to the lack of opposition, the Court GRANTS the Motion. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 17th day of November 2020

Hon. Holly J. Fujie

Judge of the Superior Court


[1] This ruling concerns the motion for determination of good faith settlement with the reservation number of 914751464972.



Case Number: ****4921    Hearing Date: October 09, 2020    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

HUMBERTO RAMIREZ, et al.,

Plaintiffs,

vs.

BRE INVESTMENT, LLC, etc., et al.,

Defendants.

CASE NO.: ****4921

[TENTATIVE] ORDER RE: MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

Date: October 9, 2020

Time: 8:30 a.m.

Dept. 56

MOVING PARTIES: Defendants David Bramante (“Bramante”) and BRE Investment, LLC (“BRE”)

The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to be filed and served at least nine court days prior to the hearing. (Code Civ. Proc. ; 1005(b).)

BACKGROUND

This action arises from allegedly wrongful actions taken against tenants in an apartment building located at 240 N. Robinson Street in Los Angeles. Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants, alleging causes of action for: (1) negligence; (2) negligent hiring and supervision; (3) intentional infliction of emotional distress; (4) breach of the covenant of quiet enjoyment; (5) nuisance; (6) breach of the covenant of good faith and fair dealing; (7) constructive eviction; (8) violation of Los Angeles Municipal Code, Section 152.00 et seq.; (9) violation of Los Angeles Municipal Code, Section 151.30(D)(1); (10) violation of Los Angeles Municipal Code, Section 151.04(A); and (11) unfair business practices.

On August 21, 2020, Defendants filed and served a motion for determination of good faith settlement[1] with respect to the settlement entered into with Plaintiffs. Defendants’ notice of motion indicated that the hearing on such motion was set for November 3, 2020. On September 4, 2020, Defendants filed and served a notice of advancement of hearing which indicated that the November 3, 2020 hearing date on Defendants’ motion was advanced to October 9, 2020. Defendants move for an order that: (1) the settlement with Plaintiffs was made in good faith within the meaning of California Code of Civil Procedure, Section 877.6; and (2) any other joint tortfeasor or co-obligor is barred from any further claims against Defendants for equitable or comparative contribution and/or partial or comparative indemnity based upon comparative negligence or comparative fault.

According to Defendants’ notice of motion, pursuant to the terms of the settlement: (1) Bramante, by and through his insurance carriers, will pay $249,999.99 to Plaintiffs in exchange for a full release of all claims against him; and (2) BRE, by and through its insurance carriers, will pay $249,999.99 to Plaintiffs in exchange for a full release of all claims against it. Defendants’ motion is unopposed. The declaration of Defendants’ counsel, Kristyn J. Mintesnot, states that: (1) as advised by Plaintiffs’ counsel, the settlement proceeds will be distributed evenly between the Plaintiffs based on their length of tenancy (Mintesnot Decl. at ¶ 6); and (2) each party to the settlement is to bear their own attorneys’ fees and costs. (Id. at ¶ 8.)

On August 27, 2020, Plaintiffs filed and served a notice of settlement of the entire case.

Due to the lack of opposition, the Court GRANTS Defendants’ motion for determination of good faith settlement. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving parties are ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 9th day of October 2020

Hon. Holly J. Fujie

Judge of the Superior Court


[1] This ruling concerns the motion for determination of good faith settlement with the reservation number of 407720818361.



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