This case was last updated from Fresno County Superior Courts on 08/14/2019 at 07:36:05 (UTC).

Andrew G. Riddle vs. Community Medical/COMPLEX

Case Summary

On 08/13/2014 Andrew G Riddle filed a Personal Injury - Medical Malpractice lawsuit against Community Medical/COMPLEX. This case was filed in Fresno County Superior Courts, Bf Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Simpson, Alan, Ikeda, Dale, Hamilton, Jeffrey Y, Smith, M. Bruce, Snauffer, Mark and Hamilton, Jeffrey Y.. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2360

  • Filing Date:

    08/13/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judges

Simpson, Alan

Ikeda, Dale

Hamilton, Jeffrey Y

Smith, M. Bruce

Snauffer, Mark

Hamilton, Jeffrey Y.

 

Party Details

Plaintiffs

Riddle, Andrew G.

Meader, Catherine S.

Riddle, Cameron D.

Riddle, Bailey E.

Defendants

Community Medical Centers

Community Regional Medical Center

Chaudhry M.D., Pervaiz A.

Valley Cardiac Surgery Medical Group

Chaudhry Medical, Inc.

Doe 1

Doe 2

Chaudhry, Pervaiz A., Medical Doctor

Doe 3

Community Hospitals of Central California

Cohler, Larry, Medical Doctor

Fresno Community Hospital and Medical Center

Attorney/Law Firm Details

Plaintiff Attorney

Mitchell, Jeffrey S

Mitchell Law Group

San Francisco, CA 94111

Defendant Attorneys

White, William M.

Cachia-Riedl, Rebecca L

Haner, Tara K.

LOGAN, GARY L

 

Court Documents

Minute Order Attachment

Minute Order Attachment; Comment: re: Demurrer (x3), Mtn Strike (x2)

Order Received for Signature

Proposed Order; Comment: PENDING UNTIL HEARING Motion to Strike

Request for Judical Notice

Request for Judical Notice; Comment: in support of Motion to Strike

Opposition to Request for Pre-Trial Discovery filed

Opposition to Request for Pretrial Discovery Conference; Comment: Fowarded to Department 402

Notice of Motion

Notice of Motion; Comment: Notice of Motion and Motion to Strike Portions of Plaintiffs' Frist Amended Complaint

Amended Document Filed

Amended Complaint - Claim Amount Unchanged (No Fee); Comment: Amended Complaint - Claim Amount Unchanged (No Fee)

Association of Attorney filed

Notice; Comment: Associated Attorney: Shernoff Bidart Echeverria

Order Appointing Court Approved Reporter

Order Appointing Court Approved Reporter; Judicial Officer: Hamilton, Jeffrey Y.; Comment: court reporter, Greta Gregory

Notice of Motion

Notice of Motion; Comment: and Motion to: to compel

Reply filed

Motion-To Disqualify Shernoff Firm (Reply) (2).pdf; Comment: Reply Memo of Defs ISO Motion to Disqualify Shernoff

Motion filed

Motion; Comment: Notice of Motion and Motion to Compel Defendant Fresno Community Hospital and Medical Center, Dba Community Regional Medical Center to Provide Further Responses and Produce Documents in Response to Request for Production of Documents, Set Five, Propounded By Defendant Pervaiz a. Chaudhry, M.d.

Opposition to Request for Pre-Trial Discovery filed

Opposition

Minute Order Attachment (Tentative Rulings Only)

Civil Document; Comment: Clerk's Certificate of Mailing attached.

Notice of Hearing

Notice of Hearing; Comment: CMC is set for September 14, 2016 at 3:30 PM in Dept. # 503

Association of Attorney filed

Civil Document; Comment: Association of Counsel of Law Offices of Steven L Saldo

Notice of Hearing

Notice of Hearing; Comment: CMC set for 3/14/16 at 1:30pm Rm #104

Answer Filed

Civil Document

Answer Filed

Civil Document; Comment: to Second Amended Complaint for Damages

173 More Documents Available

 

Docket Entries

  • 12/04/2018
  • View Court Documents
  • Disposition: Judgment- Dismissal of Party; Judicial Officer: Hamilton, Jeffrey Y.; Judgment Type: Dismissal of Party; Party Names: Fresno Community Hospital and Medical Center; Community Hospitals of Central California; Comment: with prejudice.

    Read MoreRead Less
  • 08/06/2018
  • View Court Documents
  • Disposition: Judgment- Dismissal of Party; Judgment Type: Dismissal of Party; Party Names: Chaudhry, Pervaiz A., Medical Doctor; Valley Cardiac Surgery Medical Group; Chaudhry Medical, Inc.; Comment: With Prejudice

    Read MoreRead Less
  • 06/29/2018
  • View Court Documents
  • Disposition: Judgment- Dismissal of Party; Judgment Type: Dismissal of Party; Party Name: Cohler, Larry, Medical Doctor; Comment: without prejudice

    Read MoreRead Less
  • 06/03/2019
  • Jury Trial- Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 9:00 AM; Cancel Reason: Off Calendar

    Read MoreRead Less
  • 05/31/2019
  • Trial Readiness- Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 9:30 AM; Cancel Reason: Off Calendar

    Read MoreRead Less
  • 12/18/2018
  • View Court Documents
  • Notice of Entry of Dismissal filed- Notice of Entry of Dismissal and Proof of Service

    Read MoreRead Less
  • 12/06/2018
  • CRC 3.1385 After Settlement- Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 3:00 PM; Cancel Reason: Off Calendar

    Read MoreRead Less
  • 12/03/2018
  • View Court Documents
  • Request for Dismissal Received - Pending Review- Request for Dismissal; Comment: Request for Dismissal

    Read MoreRead Less
  • 11/19/2018
  • View Court Documents
  • Notice Filed- Notice

    Read MoreRead Less
  • 08/22/2018
  • Motion - Strike- Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 3:28 PM; Cancel Reason: Off Calendar; Comment: Gary Logan

    Read MoreRead Less
322 More Docket Entries
  • 05/30/2017
  • Financial info for Riddle, Andrew G.: Transaction Assessment $60.00

    Read MoreRead Less
  • 08/09/2016
  • Financial info for Riddle, Andrew G.: EFile Payment Receipt # WEB-2016-34418 Riddle, Andrew G. $60.00

    Read MoreRead Less
  • 08/09/2016
  • Financial info for Riddle, Andrew G.: Transaction Assessment $60.00

    Read MoreRead Less
  • 06/07/2016
  • Financial info for Riddle, Andrew G.: Counter Payment Receipt # CIVIL-2016-00020560 Eddings Attorney Support Svcs $60.00

    Read MoreRead Less
  • 06/07/2016
  • Financial info for Riddle, Andrew G.: Transaction Assessment $60.00

    Read MoreRead Less
  • 01/16/2015
  • Financial info for Riddle, Andrew G.: Counter Payment Receipt # 198561 Riddle, Andrew G. $150.00

    Read MoreRead Less
  • 01/16/2015
  • Financial info for Riddle, Andrew G.: Transaction Assessment $150.00

    Read MoreRead Less
  • 08/13/2014
  • Financial info for Riddle, Andrew G.: Counter Payment Receipt # 193401 Riddle, Andrew G. $435.00

    Read MoreRead Less
  • 08/13/2014
  • Financial info for Riddle, Andrew G.: Transaction Assessment $435.00

    Read MoreRead Less
  • 08/13/2014
  • Financial: Riddle, Andrew G.; Total Financial Assessment $1,765.00; Total Payments and Credits $1,765.00

    Read MoreRead Less

Complaint Information

HASSARD BONNINGTON LLP

James M. Goodman, Esq. (#65972) mg@hassard.com Rebecca L. Cachia-Riedl, Esq. (#173255) becr@hassard.com Barry N. Endick, Esq. (#142097) bne@hassard.com

275 Battery Street, Suite 1600

San Francisco, California 94111-3370 Telephone: (415) 288-9800

Fax: (415) 288-9801

Attorneys for Defendants PERVAIZ A. CHAUDHRY, M.D.,

VALLEY CARDIAC SURGERY MEDICAL

GROUP, and CHAUDHRY MEDICAL, INC.

E-FILED

10/2/2017 2:28 PM

FRESNO COUNTY SUPERIOR COURT

By: S.Garcia, Deputy

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF FRESNO, UNLIMITED JURISDICTION

ANDREW G. RIDDLE; CATHERINE S. MEADER; CAMERON D. RIDDLE; BAILEY E. RIDDLE,

Plaintiffs, VS.

COMMUNITY MEDICAL CENTERS;

COMMUNITY REGIONAL MEDICAL

CENTER; PERVAIZ A. CHAUDHRY, M.D.;

VALLEY CARDIAC SURGERY MEDICAL

GROUP; and DOES 1 to 100, inclusive,

Defendants.

Case No. 14CECG02360

Assigned for All Purposes: Hon. Jeffery Y. Hamilton, Dept. 402

DECLARATION OF BARRY N. ENDICK, ESQ. IN SUPPORT OF DEMURRER TO THE SECOND, THIRD, FIFTH, SIXTH, SEVENTH, EIGHTH, NINTH, TENTH, AND

ELEVENTH CAUSES OF ACTION IN THE FIRST AMENDED COMPLAINT FOR DAMAGES OF PLAINTIFFS

ANDREW G. RIDDLE, CATHERINE S. MEADER, CAMERON D. RIDDLE, AND BAILEY E. RIDDLE

Date: November 2, 2017 Time: 3:30 p.m. Dept: 402

Complaint Filed: August 13, 2014

FAC Filed: August 11, 2017 Trial Date: June 3, 2019

|, BARRY N. ENDICK, declare:

1. | am an attorney at law licensed to practice before all courts of

the State of California. | am a partner with Hassard Bonnington LLP, attorneys of record for defendants PERVAIZ A. CHAUDHRY, M.D., VALLEY CARDIAC SURGERY MEDICAL GROUP, and CHAUDHRY MEDICAL, INC. (“Defendants”). In

DECLARATION OF BARRY N. ENDICK, ESQ. IN SUPPORT OF DEMURRER TO PLAINTIFFS’ FIRST AMENDED

DECLARATION OF BARRY N. ENDICK, ESQ. IN SUPPORT OF DEMURRER TO PLAINTIFFS’ FIRST AMENDED this capacity, | have personal knowledge of the facts contained herein and, if called as a witness, could and would competently testify thereto.

this capacity, | have personal knowledge of the facts contained herein and, if called as a witness, could and would competently testify thereto.

2. A true and correct copy of Plaintiffs ANDREW G. RIDDLE, CATHERINE S. MEADER, CAMERON D. RIDDLE, and BAILEY E. RIDDLE’s “First Amended Complaint for Damages” (“Complaint”) in the above-captioned action, filed on August 11, 2017, is attached hereto as Exhibit A.

3. A true and correct copy of Plaintiffs ANDREW G. RIDDLE, CATHERINE S. MEADER, CAMERON D. RIDDLE, and BAILEY E. RIDDLE’s “Complaint for Damages for: (1) Corporate Negligence; Elam v. College Park Hospital; (2) Negligence Per Se; (3) Breach of Fiduciary Duty; Moore v. Regents of University of California; (4) Wrongful Death,” in the above-captioned action, filed on August 13, 2014, is attached hereto as Exhibit B.

4. A true and correct copy of this Court’'s August 1, 2017 Law and Motion Minute Order in the above-captioned action, is attached hereto as Exhibit C

5. On August 24, 2017, | faxed a letter to Plaintiffs’ counsel, James West, in an effort to meet and confer regarding the content of Plaintiffs’ Complaint in advance of filing the instant demurrer. A true and correct copy of my August 24, 2017 letter to Mr. West is attached hereto as Exhibit D. In that letter, | set forth the legal and factual bases for a potential demurrer related to Plaintiffs’ causes of action for Concealment, Fraud/Intentional Misrepresentation, Negligent Misrepresentation, Battery, “Wanton and Reckless Misconduct,” Aiding and Abetting, and Civil Conspiracy. In this letter and in a subsequent letter dated September 15, 2017, | asked Mr. West to contact him to arrange a telephone conference, consistent with Code of Civil Procedure §430.41.

6. In the afternoon of September 21, 2017, Mr. West and | spoke face to face, to meet and confer regarding Defendants’ legal challenges with regard to the defects present in the Complaint, as set forth in this motion.

——— INDEX OF EXHIBITS

Exhibit No. Description Page Number

Exhibit A August 11, 2017 “First Amended Complaint for 5-66 Damages.”

Exhibit B August 13, 2014 Complaint for Damages 67 -85

Exhibit C August 1, 2017 Law and Motion Minute Order 86 - 89

Exhibit D August 24, 2017 Letter from Barry N. Endick, Esq. 90 - 106

LAWYERS FOR INSURANCE POLICYHOLDERS SHERNOFF BIDART ECHEVERRIA™

®=N, O

W@ N e

RICARDO ECHEVERRIA #166049

JASON R. SANCHEZ #277043

SHERNOFF BIDART ECHEVERRIA LLP

600 S. Indian Hill Blvd.

Claremont, CA 91711

Telephone: (909) 621-4935

Facsimile: (909) 625-6915

STEVEN A. HEIMBERG #127413 HEIMBERG BARR, LLP

800 West Sixth Street, Suite 1500 Los Angeles, California 90017 Telephone: (213) 213-1500 Facsimile: (213) 213-1520

JEFFREY MITCHELL #188751 MITCHELL LAW GROUP

473 Jackson Street, 3+ Floor San Francisco, CA 94111 Telephone: (415) 692-7540 Facsimile: (415) 276-9099

Attorneys for Plaintiffs

E-FILED

8/11/2017 12:48 PM

FRESNO COUNTY SUPERIOR COURT

By: C. Cogburn, Deputy

SUPERIOR COURT - STATE OF CALIFORNIA COUNTY OF FRESNO

ANDREW G. RIDDLE; CATHERINE 5, MEADER; CAMERON D. RIDDLE; BAILEY E. RIDDLE,

Plaintiffs, VS.

COMMUNITY MEDICAL CENTERS;

COMMUNITY REGIONAL MEDICAL

CENTER; PERVAIZ A. CHAUDHRY, M.D.;

VALLEY CARDIAC SURGERY MEDICAL

GROUP; and DOES 1 TO 100, inclusive,

Defendants.

Case No.: 14CECG02360

FIRST AMENDED COMPLAINT FOR DAMAGES DEMAND FOR TRIAL BY JURY

[DAMAGES EXCEED $25,000]

LAWYERS FOR INSURANCE POLICYHOLDERE SHERNOFF BIDART ECHEVERRIA

N NN NN NN —

O 0 N & U s W N e

Plaintiffs ANDREW G. RIDDLE, CATHERINE S. MEADER, CAMERON D. RIDDLE, and BAILEY E. RIDDLE complain of Defendants COMMUNITY MEDICAL CENTERS; COMMUNITY REGIONAL MEDICAL CENTER; PERVAIZ A. CHAUDHRY, M.D.; VALLEY CARDIAC SURGERY MEDICAL GROUP; and DOES 1 to 100, inclusive, including COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA;

CHAUDHRY MEDICAL, INC.; and LARRY COHLER, M.D.; and each of them and

allege as follows:

GENERAL ALLEGATIONS

1. At all imes herein mentioned, Decedent GREGORY RIDDLE was a resident of the County of Tulare, State of California. GREGORY RIDDLE was born on February 11, 1954, and died on August 13, 2011Fresno, California.

2. Plaintiffs ANDREW G. RIDDLE, CATHERINE S. MEADER, CAMERON D. RIDDLE, and BAILEY E. RIDDLE are the adult children and heirs at law of Gregory D. Riddle, deceased.

3. Defendant COMMUNITY MEDICAL CENTERS, at all times herein mentioned was and is engaged in owning, operating, maintaining and managing hospitals and healthcare facilities in the State of California, including, but not limited to Defendant COMMUNITY REGIONAL MEDICAL CENTER, which render medical, surgical, clinical, pathological, diagnostic, nursing, skilled nursing, rehabilitation, and other custodial care and services to the general public for compensation.

4. At all times herein mentioned, Defendant COMMUNITY MEDICAL CENTERS was and is a corporation, partnership, sole proprietorship, joint venture, unincorporated association, or some other business entity doing business in the County of Fresno, State of California, and duly organized and existing under and by virtue of

the laws of the County of Fresno and the State of California.

5. At all times herein mentioned, Defendant COMMUNITY REGIONAL MEDICAL CENTER was and is: engaged in owning, operating, maintaining, managing

5. At all times herein mentioned, Defendant COMMUNITY REGIONAL MEDICAL CENTER was and is: engaged in owning, operating, maintaining, managing - 14 <¥ L L 0

- 14 <¥ L L 0

ECHEVERRIA®™ LAWYERS FOR INSURANCE PGLICYHOLDERS

=) peed=RO

and doing business as an acute care hospital in the State of California, which did and does render medical, surgical, clinical, pathological, diagnostic, nursing, skilled nursing, rehabilitation, and other custodial care and services to the general public for compensation.

6. At all times herein mentioned, Defendant COMMUNITY REGIONAL MEDICAL CENTER was and is a corporation, partnership, sole proprietorship, joint venture, unincorporated association, or some other business entity doing business in the County of Fresno, State of California, and duly organized and existing under and by

virtue of the laws of the County of Fresno and the State of California.

7. At all times herein mentioned, Defendant VALLEY CARDIAC SURGERY MEDICAL GROUP was and is: (a) engaged in owning, operating, maintaining, managing and providing cardiac surgical services to the general public for compensation, and does business in the State of California.

8. At all times herein mentioned, Defendant VALLEY CARDIAC SURGERY MEDICAL GROUP was and is a corporation, partnership, sole proprietorship, joint venture, unincorporated association, or some other business entity doing business in the County of Fresno, State of California, and duly organized and existing under and by virtue of the laws of the County of Fresno and the State of California.

9. At all times mentioned, Defendant PERVAIZ A. CHAUDHRY, M.D. was and is a regularly licensed physician engaged in the practice of medicine, with offices in the County of Fresno, State of California.

10. At all times mentioned, Defendant PERVAIZ A. CHAUDHRY, M.D. was and is an owner of, partner in, or in a joint venture or another business relationship with Defendant VALLEY CARDIAC SURGERY MEDICAL GROUP and its physicians,regularly licensed physician engaged in the practice of medicine, with

offices in the County of Fresno, State of California.

LAWYERS FDR INSURANCE ROLICYHOLDERS SHERNOFF BIDART ECHEVERRIA™

—_ oC

_ e | | |= O

LAWYERS FOR INSURANCE POLICYHODLDERS SHERNOFF BIDART ECHEVERRIAY

;ihfl

N NN NN DN N NN

o= o O

inclusive, are unknown to Plaintiffs, those Defendants are designated by their fictitious names. Plaintiffs allege on information and belief that each of the Defendants designated and sued as a DOE is legally responsible in some manner for the events and happenings referred to herein below, and legally caused the injury and damages to Plaintiffs as herein alleged. Plaintiffs will ask leave of this Court to amend this pleading to insert the true names and capacities of these Defendants designed by their fictitious names when those facts become known to Plaintiffs.

17. Plaintiffs are informed and believe, and upon such information and belief allege, that at the times and places mentioned herein Defendants were the agents, servants, and employees of the remaining Defendants, and each of them, and each of them was at all times and places mentioned herein acting within the purpose and scope of said agency, service and employment. Plaintiffs further allege that Defendants PERVAIZ A. CHAUDHRY, M.D., and LARRY COHLER, M.D. were the agents, servants or employees of Defendants COMMUNITY MEDICAL CENTERS; COMMUNITY REGIONAL MEDICAL CENTER; VALLEY CARDIAC SURGERY MEDICAL GROUP; COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA; and CHAUDHRY MEDICAL, INC.

18. Plaintiffs are informed and believe, and upon such information and belief allege, that the physician’s assistants, nurses, and participating in the surgical care of Decedent GREGORY D. RIDDLE were under the supervision and control of Defendants COMMUNITY MEDICAL CENTERS; COMMtJNITY REGIONAL MEDICAL CENTER; PERVAIZ A. CHAUDHRY, M.D.; VALLEY CARDIAC SURGERY MEDICAL GROUP, and DOES 1 to 100, inclusive, including COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA; CHAUDHRY MEDICAL, INC.; LARRY COHLER, M.D.; and each of them, and that Defendants COMMUNITY MEDICAL CENTERS; COMMUNITY REGIONAL MEDICAL CENTER; PERVAIZ A. CHAUDHRY, M.D.; VALLEY CARDIAC SURGERY MEDICAL GROUP, and DOES 1 to 100, inclusive, including COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA; CHAUDHRY MEDICAL,