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 Judges overseeing this case are MICHAEL JOHNSON and ALAN S. ROSENFIELD. 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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MICHAEL JOHNSON

ALAN S. ROSENFIELD

 

Party Details

Plaintiffs and Petitioners

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

HENRIQUEZ MARIA

RODAS HECTOR

Defendants and Respondents

BRAMANTE DAVID

BRE INVESTMENT LLC

BETTER REAL ESTAT I LLC

WESTERN REGIONAL PROPERTIES LLC

DOES 1-50 INCLUSIVE

LESLIE II DAVID ALEXANDER

AKINYEMI TEMIDAYO

1 More Parties Available

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

PHILLIP M. KELLY ESQ.

INNER CITY LAW CENTER

KELLY PHILIP MATTHEW

REED ROBERT JOSEPH

Defendant and Respondent Attorneys

REAGAN BARRY J. ESQ.

REAGAN BARRY JAMES ESQ.

CZAJKOWSKYJ CYRILLUS SIMEON

WOOD CARY LINN

SIDERMAN LORI ELLEN

 

Court Documents

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

DECLARATION OF CYRIL CZAJKOWSKYJ MADE IN COMPLIANCE WITH MEET AND CONFER REQUIREMENTS PER CODE OF CIVIL PROCEDURE SECTION 435.5 FOR DEFENDANT'S MOTION TO STRIKE PLAINTIFFS' SECOND AMENDED COMPLAINT

7/27/2018: DECLARATION OF CYRIL CZAJKOWSKYJ MADE IN COMPLIANCE WITH MEET AND CONFER REQUIREMENTS PER CODE OF CIVIL PROCEDURE SECTION 435.5 FOR DEFENDANT'S MOTION TO STRIKE PLAINTIFFS' SECOND AMENDED COMPLAINT

REQUEST FOR REFUND

8/17/2018: REQUEST FOR REFUND

Proof of Service (not Summons and Complaint)

1/7/2019: Proof of Service (not Summons and Complaint)

Notice of Ruling

1/7/2019: Notice of Ruling

Notice of Ruling

1/11/2019: Notice of Ruling

Proof of Service (not Summons and Complaint)

1/15/2019: Proof of Service (not Summons and Complaint)

Reply

2/4/2019: Reply

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

2/13/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Declaration

2/20/2019: Declaration

Notice

3/1/2019: Notice

Objection

3/11/2019: Objection

Notice

3/29/2019: Notice

Unknown

4/8/2019: Unknown

Request for Dismissal

4/30/2019: Request for Dismissal

Unknown

12/11/2017: Unknown

REQUEST FOR DISMISSAL

11/9/2017: REQUEST FOR DISMISSAL

Minute Order

5/16/2017: Minute Order

137 More Documents Available

 

Docket Entries

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

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

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

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

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

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

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

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

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  • 04/18/2019
  • at 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
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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

    Read MoreRead Less
  • 04/05/2017
  • NOTICE OF REJECTION- APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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

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

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

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

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

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

    Read MoreRead Less
  • 03/22/2017
  • Complaint; Filed by Humberto Ramirez (Plaintiff); Maria Lopez (Plaintiff); Luis Lopez (Plaintiff) et al.

    Read MoreRead Less

Tentative Rulings

Case Number: BC654921    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.: BC654921

[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.