This case was last updated from Los Angeles County Superior Courts on 06/22/2019 at 00:52:14 (UTC).

ROSA RAFAELA MORENO ET AL VS 9017 LANGDON ASSOCIATES LLC ET

Case Summary

On 08/01/2017 ROSA RAFAELA MORENO filed a Contract - Other Contract lawsuit against 9017 LANGDON ASSOCIATES LLC ET. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0695

  • Filing Date:

    08/01/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ELIZABETH ALLEN WHITE

 

Party Details

Petitioners and Plaintiffs

MORENO AMALIA

MORENO ROSA RAFAELA

CRUZ MARCELINA

PIMENTEL CINTHIA BERENICE CRUZ

ALEJANDRE MARIA CANDELARIA

JIMENEZ JESSICA GONZALEZ

NAJERA ANDRES JAVIER

MARTINEZ JESUS JR.

JIMENEZ-LOPEZ ELODIA LUCIA

FLORES JOSE ANTONIO RAMIREZ

PATINO EMMANUEL RAMIREZ

MARTINEZ FERNANDO

GUERRA ALBA ALEJANDRA PORTILLO

PATINO-MARTINEZ MARTHA VIRGINIA

MARTINEZ TERESA

HERNANDEZ JESUS MARTINEZ

Defendants and Respondents

9017 LANGDON ASSOCIATES LLC

PRESIDENTIAL VINEYARD-RANCH LLC

DOES 1 - 50

Guardian Ad Litem, Plaintiff and Petitioner

MORENO ROSA RAFAELA

Minor

MORENO DANIEL ISAI

2 More Parties Available

Attorney/Law Firm Details

Petitioner, Plaintiff and Minor Attorney

CASTELBLANCO ERIC E. ESQ.

Defendant and Respondent Attorneys

VOLCY JENNIFER

ERSOFF VICTORIA L. ESQ.

 

Court Documents

FIRST AMENDED HABITABILITY COMPLAINT FOR DAMAGES; DFMAND FOR JURY TRIAL

3/16/2018: FIRST AMENDED HABITABILITY COMPLAINT FOR DAMAGES; DFMAND FOR JURY TRIAL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

3/29/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

3/29/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

3/29/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

Proof of Service

4/2/2018: Proof of Service

1ST. AMENDED SUMMONS

4/5/2018: 1ST. AMENDED SUMMONS

Proof of Service

4/12/2018: Proof of Service

NOTICE OF TAKING DEFENDANT PRESIDENTIAL VINEEYARD-RANCH, LLC'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT OFF CALENDAR

4/26/2018: NOTICE OF TAKING DEFENDANT PRESIDENTIAL VINEEYARD-RANCH, LLC'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT OFF CALENDAR

9017 LANGDON ASSOCIATES, LLC'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT; ETC

5/4/2018: 9017 LANGDON ASSOCIATES, LLC'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT; ETC

DEFENDANT 9017 LANGDON ASSOCIATES, LLC'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT RE PUNITIVE DAMAGES; ETC

5/4/2018: DEFENDANT 9017 LANGDON ASSOCIATES, LLC'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT RE PUNITIVE DAMAGES; ETC

PLAINTIFFS' NOTICE OF AND OPPOSITION TO DEFENDANT'S DEMURRER; MEMORANDUM IN SUPPORT THEROF

6/26/2018: PLAINTIFFS' NOTICE OF AND OPPOSITION TO DEFENDANT'S DEMURRER; MEMORANDUM IN SUPPORT THEROF

PLAINTIFFS' NOTICE OF AND OPPOSITION TO DEFENDANT'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEROF

6/26/2018: PLAINTIFFS' NOTICE OF AND OPPOSITION TO DEFENDANT'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEROF

DEFENDANT 9017 LANGDON ASSOCIATES, LLC'S REPLY TO PLAINTIFFS' OPPOSITION TO MOTION TO STRIKE PORTION OF PLAINTIFFS' FIRST AMENDED COMPLAINT RE PUNITIVE DAMAGES

7/10/2018: DEFENDANT 9017 LANGDON ASSOCIATES, LLC'S REPLY TO PLAINTIFFS' OPPOSITION TO MOTION TO STRIKE PORTION OF PLAINTIFFS' FIRST AMENDED COMPLAINT RE PUNITIVE DAMAGES

9017 LANGDON ASSOCIATES, LLC'S REPLY TO PLAINTIFFS OPPOSITION TO 9017 LANDON ASSOCIATES, LLC'S DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT

7/10/2018: 9017 LANGDON ASSOCIATES, LLC'S REPLY TO PLAINTIFFS OPPOSITION TO 9017 LANDON ASSOCIATES, LLC'S DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT

Minute Order

7/17/2018: Minute Order

RULING: DEMURRER TO FIRST AMENDED COMPLAINT AND MOTION TO STRIKE

7/17/2018: RULING: DEMURRER TO FIRST AMENDED COMPLAINT AND MOTION TO STRIKE

DEFENDANT 9017 LANGDON ASSOCIATES, LLC'S ANSWER TO PLAINTIFFS? FIRST AMENDED COMPLAINT

7/27/2018: DEFENDANT 9017 LANGDON ASSOCIATES, LLC'S ANSWER TO PLAINTIFFS? FIRST AMENDED COMPLAINT

DEFENDANT PRESIDENTIAL VINEYARD RANCH, LLC?S NOTICE OF TAKING MOTION TO STRIKE PORTIONS OF PLAINTIFFS? FIRST AMENDED COMPLAINT OFF- CALENDAR

8/1/2018: DEFENDANT PRESIDENTIAL VINEYARD RANCH, LLC?S NOTICE OF TAKING MOTION TO STRIKE PORTIONS OF PLAINTIFFS? FIRST AMENDED COMPLAINT OFF- CALENDAR

33 More Documents Available

 

Docket Entries

  • 03/04/2019
  • Docketat 09:30 AM in Department 48, Elizabeth Allen White, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 02/27/2019
  • Docketat 08:31 AM in Department 48, Elizabeth Allen White, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 01/14/2019
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to Continue Trial - Not Held - Taken Off Calendar by Party

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  • 12/13/2018
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Ex-Parte Proceedings

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  • 12/13/2018
  • DocketOrder (Re Defendant 9017 Langdon Associates, LLC's Ex Parte Application for an Order Continuing the Trial Date Based Upon Stipulation of Parties, or, in the Alternative, Specially Setting and/or Shortening Time for the Hearing on Defendant's Motion to Continue); Filed by 9017 Langdon Associates, LLC (Defendant)

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  • 12/13/2018
  • DocketMinute Order ((Defendant 9017 Langdon Associates, LLC's Ex Parte Application...)); Filed by Clerk

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  • 12/13/2018
  • DocketEx Parte Application (for an Order Continuing the Trial Date Based Upon Stipulation of Parties, or, in the Alternative, Specially Setting and/or Shortening Time for the Hearing on Defendant's Motion to Continue Trial Date); Filed by 9017 Langdon Associates, LLC (Defendant)

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  • 08/31/2018
  • Docketat 08:30 AM in Department 48; Hearing on Motion to Strike ((Off Calendar)) -

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  • 08/31/2018
  • DocketMinute order entered: 2018-08-31 00:00:00; Filed by Clerk

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  • 08/01/2018
  • DocketDEFENDANT PRESIDENTIAL VINEYARD RANCH, LLC S NOTICE OF TAKING MOTION TO STRIKE PORTIONS OF PLAINTIFFS FIRST AMENDED COMPLAINT OFF- CALENDAR

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88 More Docket Entries
  • 08/01/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

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  • 08/01/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 08/01/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 08/01/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

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  • 08/01/2017
  • DocketHABITABILITY COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL

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  • 08/01/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

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  • 08/01/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

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  • 08/01/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 08/01/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 08/01/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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Tentative Rulings

Case Number: ****0695 Hearing Date: March 29, 2022 Dept: 48

[TENTATIVE] ORDER RE: PETITIONS TO APPROVE MINOR’S COMPROMISES

Claimant Daniel Isai Moreno, a minor, by and through his parent, Rosa Rafaela Moreno, has agreed to settle his claims against Defendants 9017 Langdon Associates, LLC and Presidential Vineyard-Ranch, LLC (collectively, “Defendants”) in exchange for $70,000.00. If approved, $17,500.00 will be used for attorney fees, leaving a balance of $52,500.00 for Daniel Isai Moreno, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court, as set forth in Attachment 18b(3).

Claimant Alexa Sofia Trinidad Cruz, a minor, by and through her parent, Cinthia Berenice Cruz Pimentel, has agreed to settle her claims against Defendants in exchange for $70,000.00. If approved, $17,500.00 will be used for attorney fees, leaving a balance of $52,500.00 for Alexa Sofia Trinidad Cruz, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court, as set forth in Attachment 18b(3).

Claimant Kevin Fernando Trinidad Cruz, a minor, by and through his parent, Cinthia Berenice Cruz Pimentel, has agreed to settle his claims against Defendants in exchange for $70,000.00. If approved, $17,500.00 will be used for attorney fees, leaving a balance of $52,500.00 for Kevin Fernando Trinidad Cruz, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court, as set forth in Attachment 18b(3).

Claimant Angel Antonio Ramirez, a minor, by and through his parent, Martha Virginia Patina-Martinez, has agreed to settle his claims against Defendants in exchange for $70,000.00. If approved, $17,500.00 will be used for attorney fees, leaving a balance of $52,500.00 for Angel Antonio Ramirez, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court, as set forth in Attachment 18b(3).

Claimant Jose Miguel Cristina, a minor, by and through his parent, Alba Alejandra Portillo Guerra, has agreed to settle his claims against Defendants in exchange for $70,000.00. If approved, $17,500.00 will be used for attorney fees, leaving a balance of $52,500.00 for Jose Miguel Cristina, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court, as set forth in Attachment 18b(3).

Claimant Natalie Daniela Cristino, a minor, by and through her parent, Alba Alejandra Portillo Guerra, has agreed to settle her claims against Defendants in exchange for $70,000.00. If approved, $17,500.00 will be used for attorney fees, leaving a balance of $52,500.00 for Natalie Daniela Cristino, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court, as set forth in Attachment 18b(3).

Claimant Andres Javier, a minor, by and through his parent, Beatriz Rivera-Juarez, has agreed to settle his claims against Defendants in exchange for $70,000.00. If approved, $17,500.00 will be used for attorney fees, leaving a balance of $52,500.00 for Andres Javier, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court, as set forth in Attachment 18b(3).

Claimant Iker Javier, a minor, by and through his parent, Beatriz Rivera-Juarez, has agreed to settle his claims against Defendants in exchange for $70,000.00. If approved, $17,500.00 will be used for attorney fees, leaving a balance of $52,500.00 for lker Javier, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court, as set forth in Attachment 18b(3).

Claimant Fernando Brenes Jimenez, a minor, by and through his parent, Elodia Lucia Jimenez-Lopez, has agreed to settle his claims against Defendants in exchange for $70,000.00. If approved, $17,500.00 will be used for attorney fees, leaving a balance of $52,500.00 for Fernando Brenes Jimenez, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court, as set forth in Attachment 18b(3).

Claimant Melina Brenes Jimenez, a minor, by and through her parent, Elodia Lucia Jimenez-Lopez, has agreed to settle her claims against Defendants in exchange for $70,000.00. If approved, $17,500.00 will be used for attorney fees, leaving a balance of $52,500.00 for Melina Brenes Jimenez, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court, as set forth in Attachment 18b(3).

Claimant Melany Brenes Jimenez, a minor, by and through her parent, Elodia Lucia Jimenez-Lopez, has agreed to settle her claims against Defendants in exchange for $70,000.00. If approved, $17,500.00 will be used for attorney fees, leaving a balance of $52,500.00 for Melany Brenes Jimenez, to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court , as set forth in Attachment 18b(3).

Claimant Daniel Ramirez Patino did not file a petition.

Court approval is required for all settlements of a minor’s claim. (Probate Code, 3500, 3600, et seq.; Code Civ. Proc., 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable.

Accordingly, the Petitions to Confirm Minor’s Compromise are GRANTED.

The Court sets an Order to Show Cause re: Purchase of Structured Settlement Annuity for June 29, 2022 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse. If acknowledgements of receipt by the financial institutions are filed before that date, no appearance will be required. The Order to Show Cause Re Dismissal is continued to June 29, 2022 at 8:30 a.m.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.



Case Number: ****0695    Hearing Date: February 22, 2021    Dept: 48

[TENTATIVE] ORDER RE MOTIONS IN LIMINE

The Court rules on the parties’ motions in limine as follows:

Defendants’ Motions

No. 1: Golden Rule/Reptile Theory. Granted as to asking the jury to put themselves into Plaintiffs’ shoes. Otherwise denied as the motion is too vague.

No. 2: No inflammatory and prejudicial language. Granted as to “slumlord” and “bad guys.” Otherwise denied.

No. 3: No reference to Plaintiffs as victims. Granted as to “victims.”

No. 5: No reference to Defendants’ insurance or financial condition. Granted until a possible punitive damages phase.

No. 6: No reference to Chiu’s medical license or his problems with it. Granted.

No. 7: Exclude evidence of other properties. Denied. As framed, the motion is overbroad and vague.

No. 8: Exclude other claims and lawsuits against Defendants. Granted as to claims and lawsuits concerning other properties. Denied as to other claims and lawsuits regarding the property in dispute in this case.

No. 9: Exclude complaints by tenants in other apartments. Denied. However cumulative evidence will not be permitted.

No. 10: Exclude evidence of conditions outside the statute of limitations. Denied. The Court cannot conclude that all evidence concerning events and conditions before September 22, 2016 is irrelevant or inadmissible.

No. 11: Exclude evidence of Plaintiffs’ emotional distress from participating in this litigation. Granted.

No. 12: Exclude Plaintiffs’ self-diagnosis. Granted as to Plaintiffs’ lay opinions about the causes of their illnesses.

No. 13: Exclude Plaintiffs’ lay opinions re cause or treatment of pests. Granted. This motion was not opposed.

No. 14: Exclude references to 2019 mold testing. Denied. The evidence may be relevant.

No. 15: Exclude testimony that mold caused Plaintiffs’ injuries. Denied. The motion does not identify the specific injuries claimed by Plaintiffs and therefore does not show that mold cannot have caused those injuries. For example, Defendants’ expert states that molds can cause allergies.

No. 16: No opinions by law witnesses re mold at the property. Denied. Plaintiffs can testify about what they observed.

No. 18: Exclude Bennett Williamon’s testimony. Denied. The motion speculates about what the witness may testify to.

No. 19: Exclude Gary Richwald’s testimony. Denied. That the witness does not have board certifications or credentials in psychiatry or psychology does not necessarily mean he lacks qualifications to testify as an expert.

No. 20: Exclude Ian Spiszman’s testimony. Denied. The motion speculates about what the witness may testify to. Defendants did not establish the witness is not qualified to testify about the presence of allergens.

No. 21: Exclude evidence re future medical expenses. Denied.

No. 22: Exclude evidence of toxic mold. Granted regarding the phrase “toxic mold.”

No. 23: Exclude evidence of redacted documentation from Departments of Health and Housing and Community Investment. Granted. Because the unredacted documents have been produced, the parties should use the unredacted documents.

No. 24: Exclude evidence the property was in the REAP program. Granted as to argument or testimony that the property was placed into the REAP program.

No. 25: Request for order requiring 24-hour advance notice of witnesses. Denied. This is not a motion in limine. The Court and parties will discuss witness scheduling at the Final Status Conference and before and during trial.

No. 26: Bifurcate punitive damages. Granted.

No. 27: Exclude improper photos and videos. This motion was filed on February 10, 2021 and therefore is late.

Plaintiffs’ Motions

No. 2: Exclude argument Plaintiffs’ caused habitability violations. Denied.

No. 3: Exclude argument re waiver of breach and ability to move out. Granted as to waiver. Otherwise denied.

No. 5: Exclude improper conduct. Denied. The motion is vague.

No. 6: Exclude illegally obtained photographs. Denied. If such photographs exist and appear on the joint exhibit list, Plaintiffs should insert objections on the exhibit list.

No. 7: Exclude argument Defendants are not liable for acts of employees. Denied. The motion is vague.

No. 8: Exclude evidence not produced in discovery. Denied. The motion is vague. If a particular exhibit is used at trial and was requested in discovery but not produced, Plaintiffs should object at that time.

No. 9: Exclude lay testimony regarding causes of pests. Granted.

No. 10: Admit documentation from Departments of Health and Housing and Community Investment. Denied. The motion does not identify the specific documents at issue and does not submit evidence that the documents are in fact public records that do not contain hearsay.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.



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