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Real Property
Breach of Implied Warranty
Unlawful Collection of Rent

Gloria Chavez, et al. v. Bracha Investments LLC, 2108 Maple LLC, Gombiner and Company, Andrew S. Gombiner, Franco Haiem aka Frank Hiem, and Does 1 through 100, inclusive

Published: Jun. 20, 2015 | Result Date: May 1, 2015 | Filing Date: Jan. 1, 1900 |

Case number: BC516101 Settlement –  $2,000,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Ashley N. Parris
(McElroy Parris Trial Lawyers)

Benjamin A. Yaghoubian

Sonia M. Pflaster
(Office of the City Attorney)

Christopher M. Lawless

Sharre S. Lotfollahi
(Kirkland & Ellis LLP)

Colin J. Michel

R. Alexander Pilmer


Defendant

Corine Zygelman
(Murchison & Cumming LLP)

Kere K. Ticker

Michelle A. Wuerz

Kelli M. Winkle

Jason S. Wilson

Lanetta D.W. Rinehart
(Law Offices of Lanetta D. W. Rinehart)


Facts

Gloria Chavez and 118 other tenants sued Bracha Investments LLC, 2108 Maple LLC, Gombiner and Co., Andrew Gombiner, and Franco Haiem aka Frank Hiem, concerning allegations of slum conditions.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that their units were infested with cockroaches and mice. Plaintiffs also complained of raw sewage, exposed electrical wires, water leaks, mold, and dirty common areas. Plaintiffs contended that defendants ignored their pleas for necessary repairs and respond to orders by housing and health authority calling for the correction of continuing health and safety code violations.

Plaintiffs asserted causes of action for negligence, breach of the implied warranty of habitability, unlawful collection of rent, nuisance, retaliation, premises liability, violation of unfair competition law, and intentional infliction of emotional distress.

DEFENDANTS' CONTENTIONS:
Defendant Bracha disputed plaintiffs' claims, contending that it had promptly addressed and corrected the alleged violations. Defendants contended that tenant over-crowding and unsanitary living conditions contributed to the claimed infestation and habitability problems.

Defendant 2018 Maple LLC filed a cross-complaint against Bracha for indemnity, contribution, and declaratory relief.

Damages

Plaintiffs sought more than $14 million in damages.

Result

The parties reached a $2,174,000 settlement, during trial with defendants Franco Haiem and Bracha Investments LLC.

Other Information

Plaintiffs had previously reached a confidential settlement with defendants 2108 Maple LLC, Gombiner and Co., and Andrew S. Gombiner. FILING DATE: July 23, 2013.


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