Alejandra Moran v. Norton Community Apartments, L.P., Malcolm Bennett, Genessy Management and Development, LLC, AWFMEX Inc., and Does 1 through 100
Published: Oct. 18, 2008 | Result Date: Jul. 30, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC355352 Settlement – $883,000
Court
L.A. Superior Central
Attorneys
Plaintiff
G. Thomas Martin III
(Martin & Bontrager APC)
Yevgeniya Lisitsa
(Lisitsa Law Inc.)
Defendant
Mark E. Lowary
(Berman, Berman, Berman, Schneider & Lowary LLP)
Peter L. Weinberger
(Alternative Resolution Centers)
Robert T. Bergsten
(Hosp, Gilbert & Bergsten)
Russell S. Wollman
(Murchison & Cumming LLP)
M. Cris Armenta
(Ellis George Cippollone O'Brien)
Facts
The plaintiffs included 44 tenants of 5613 and 5623 W Virginia Avenue in Los Angeles, California. Between 2005 and 2008, plaintiffs claimed they gave oral notice to the owner and managers of the above-listed properties for needed repairs in what they claimed were uninhabitable living units. Despite the notices, plaintiffs claimed no repairs were made. Defendants contended repairs were made or were unnecessary.
The plaintiffs sued defendant Norton Community Apartments L.P., and defendant property managers for breach of the warranty of habitability, breach of the covenant of good faith and fair dealing, negligence, Business and Professions Code violations, and intentional infliction of emotional distress.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the properties were uninhabitable due to the pressing need for repairs, the abundance of rodents, presence of mold, and the lack of heat.
DEFENDANTS' CONTENTIONS:
The defendants denied all allegations and began eviction proceedings against some of the tenants for non-payment of rent.
Damages
The plaintiffs were seeking an unspecified amount for the various claims.
Result
The plaintiffs settled the case for a total of $883,000, inclusive of attorneys' fees and costs for 24 related cases spread throughout four different superior courtrooms. The procedure quagmire caused by these cases resulted in numerous hearings before the assistant supervising judge. According to plaintiff's counsel, the case was settled soon after mediation was held before Hon. Crispo (Ret.). This case first went before Mr. Ralph Williams, III Esq. of ADR and after mediation with him, the parties instead went to polar ends. Hon. Minning was instrumental in settling this case and presiding over the settlement hearing. Hon. Minning was C.C.P. 170.6 off of the cases and upon reflection, both plaintiff's counsel came to the conclusion that they had erred. Thus, Hon. Minning and Crispo (Ret.) caused the settlement.
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