This case was last updated from Fresno County Superior Courts on 07/12/2022 at 20:08:25 (UTC).

XXXXX

Case Summary

On 12/23/2013 XXXXX was filed as a Personal Injury - Medical Malpractice lawsuit. This case was filed in Fresno County Superior Courts, Fresno County BF Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Hamilton, Jeffrey Y, Snauffer, Mark, Simpson, Alan, Hamilton, Jeffrey Y. and Cullers, Mark. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3906

  • Filing Date:

    12/23/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Medical Malpractice

  • County, State:

    Fresno, California

Judge Details

Judges

Hamilton, Jeffrey Y

Snauffer, Mark

Simpson, Alan

Hamilton, Jeffrey Y.

Cullers, Mark

 

Party Details

Plaintiffs

Arteaga, Cristobal

Alvarez, Maria A Arteaga

Perez, Silvino

Defendants

Valley Cardiac Surgery Medical Group

Srivatsa, Sanjay, Medical Doctor

Chaudhry Medical, Inc.

Community Regional Medical Center and Community Medical Centers

Community Regional Anesthesia Medical Group Inc sued as Doe 6

Bhatt, Ashwin, Medical Doctor

Community Hospitals of Central California

Fresno Community Hospital and Medical Center

Chaudhry, Pervaiz A, Medical Doctor

Attorney/Law Firm Details

Plaintiff and Guardian Ad Litem Attorney

MITCHELL, JEFFREY S

473 Jackson St 3Rd Fl

San Francisco, CA 94111

Defendant Attorneys

GOODMAN, JAMES M

Burns, Frances

White, William M.

McTeer, Devon R.

 

Court Documents

Order Received for Signature

Proposed Order; Comment: ***Pending*** (Maria Arteaga)

Order filed

Order filed; Judicial Officer: Hamilton, Jeffrey Y.; Comment: Order Dispensing With the Requirement of the Personal Appearance of Cristobal Arteaga at the Hearing on Petition to Approve Compromise Of Pending Action of Silvino Perez and Maria A. Arteaga

Request for Dismissal Received - Pending Review

Request for Dismissal

Petition filed

Amended Petition to Approve Compromise of Pending Action (Ar; Comment: Amended Petition to Approve Compromise of Pending Action (Arteaga)

Minute Order Attachment (Tentative Rulings Only)

Minute Order Attachment (Tentative Rulings Only); Comment: re: Petition Comp Minor's Claim (x2)

Notice of Entry of Dismissal filed

01177677.pdf

Notice of Entry of Dismissal filed

Notice of Entry of Dismissal and Proof of Service; Comment: Notice of Entry of Dismissal and Proof of Service

Order Received for Signature

Order Approving Compromise of Pending Action; Comment: Pending hearing, Order Approving Compromise of Pending Action

Judgment

Dismissal of Party; Judgment Type: Dismissal of Party; Party Name: Fresno Community Hospital and Medical Center; Comment: With Prejudice

Notice of change of address .pdf

09/24/2021: Notice of change of address .pdf

Notice to Dispose Exhibits Sent

07/30/2021: Notice to Dispose Exhibits Sent

Notice to Dispose Exhibits Sent

07/13/2021: Notice to Dispose Exhibits Sent

Minute Order Attachment

10/31/2018: Minute Order Attachment

Notice of Entry of Dismissal and Proof of Service

10/22/2018: Notice of Entry of Dismissal and Proof of Service

Notice of Entry of Dismissal and Proof of Service

10/22/2018: Notice of Entry of Dismissal and Proof of Service

Request for Dismissal

10/11/2018: Request for Dismissal

Request for Dismissal

10/11/2018: Request for Dismissal

Notice

09/21/2018: Notice

1,884 More Documents Available

 

Docket Entries

  • 09/24/2021
  • View Court Documents
  • DocketNotice of Change of Address Filed; Comment: Notice of Change of Address

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  • 08/19/2021
  • DocketOrder Signed and Filed; Judicial Officer: Cullers, Mark; Comment: Order: Destroy Exhibits

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  • 07/30/2021
  • View Court Documents
  • DocketNotice to Dispose Exhibits Sent; Comment: Recipient: Cristobal Arteaga C/O Mitchell Law Group PO BOX 590299 San Francisco, CA 94159

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  • 07/13/2021
  • View Court Documents
  • DocketNotice to Dispose Exhibits Sent; Comment: Recipient: Mitchell Law Group Atty William White, and Atty Devon McTeer

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  • 11/14/2018
  • DocketOrder to Show Cause - Dismissal; Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 3:27 PM; Cancel Reason: Off Calendar; Comment: Per Court

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  • 10/31/2018
  • View Court Documents
  • DocketMinute Order Attachment; Comment: From Chambers re: Third Party Defendant Amber Gurnick

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  • 10/31/2018
  • DocketChambers Work - Post; Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 5:30 PM; Result: Chambers Work - Order Submitted for Consideration

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  • 10/22/2018
  • View Court Documents
  • DocketNotice of Entry of Dismissal filed; Comment: Notice of Entry of Dismissal and Proof of Service

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  • 10/22/2018
  • View Court Documents
  • DocketNotice of Entry of Dismissal filed; Comment: Notice of Entry of Dismissal and Proof of Service

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  • 10/11/2018
  • DispositionDisposition: Judgment; Judgment Type: Dismissal of Party; Party; Names: Community Hospitals of Central California; Arteaga, Cristobal; Alvarez, Maria A Arteaga; Fresno Community Hospital and Medical Center; Chaudhry, Pervaiz A, Medical Doctor; Valley Cardiac Surgery Medical Group; Perez, Silvino; Bhatt, Ashwin, Medical Doctor; Srivatsa, Sanjay, Medical Doctor; Community Regional Anesthesia Medical Group Inc sued as Doe 6; Chaudhry Medical, Inc.; Comment: With Prejudice

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1,460 More Docket Entries
  • 01/27/2014
  • DocketProof of service-summon def.; Comment: Proof of service of summons on filed showing defective service on Fresno Community Regional Medical Center - No proof of mailing attached . le

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  • 12/23/2013
  • FinancialFinancial info for Arteaga, Cristobal: Counter Payment Receipt # 185392 Arteaga, Cristobal $435.00

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  • 12/23/2013
  • FinancialFinancial info for Arteaga, Cristobal: Transaction Assessment $435.00

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  • 12/23/2013
  • FinancialFinancial: Arteaga, Cristobal; Total Financial Assessment $5,489.81; Total Payments and Credits $5,489.81

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  • 12/23/2013
  • DocketPayment; Comment: A Payment of -$435.00 was made on receipt CVCE185392.

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  • 12/23/2013
  • DocketNotice of Case Mgnt Conf; Comment: Docket entry for the letter produced from CSAEVNT on 23-DEC-2013 by DHOUSTON.

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  • 12/23/2013
  • DocketSummons filed; Comment: Summons on Complaint filed. dhouston

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  • 12/23/2013
  • DocketZ_Conversion; Comment: dhouston Event: Civil complaint filed

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  • 12/23/2013
  • DocketCivil case cover sheet; Comment: Civil Case Cover Sheet dhouston

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  • 12/23/2013
  • DocketZ_Conversion; Comment: Event: New Civil Case Filed

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Complaint Information

oS Jeffrey S. Mitchell, Esq. SBN: 188751 ” fl: E D‘ Rebecca Byrmne, Esq SBN: 139893

MITCHELL LAW GROUP | _

2001 Union Street, Suite 397 DEC 29 20

San Francisco, CA 94123 FRESNO SU ' Tel. (415) 692-7540/Fax: (415) 276-9099 PERIOR COURT

Anthony S. Petru, Esq. SBN: 91399 HILDEBRAND, McLEOD & NELSON, LLP 350 Frank H. Ogawa Plaza, 4" Floor

Oakland, CA 94612-2006

Tel.: (510) 451-6732/Fax: (510)465-7023

Steven A. Heimberg, Esq. SBN: 127413

Marsha E. Barr-Fernandez, Esq. SBN: 200896

James West, Esq. SBN: 282076 19CECG03508 HEIMBERG BARR LLP Opposition flled

e 1500 Los Angeles, Cahfomla 90017

SUPERIOR COURT OF THE STATE OF CALIFORNIA DEPUTY

Tel.: (213) 213-1500/Fax: (213)213-1520

Attorneys for Plaintiffs

- FOR THE COUNTY OF FRESNO

MARIA A. ARTEAGA ALVAREZ, ) CASE NO.: 13CECG03906 individually, and SILVINO PEREZ, by [Assigned to the Hon. Jeff Hamilton] and through his Guardian ad Litem,

CRISTOBAL ARTEAGA PLAINTIFEFS’ OPPOSITION TO DEMURRER TO THE THIRD

Plaintiffs, AMENDED COMPLAINT BY Vs. ASHWIN BHATT, M.D. AND

| COMMUNITY ANESTHESIA FRESNO COMMUNITY REGIONAL ) PROVIDERS

MEDICAL CENTER; PERVAIZ Z. ) o CHAUDHRY,M.D.; VALLEY % DATE: January 12, 2016 CARDIAC SURGERY MEDICAL TIME: 3:30 p.m. GROUP; and DOES ONE through ) DEPT: 402 TWENTY-FIVE, Inclusive, % Defendants. )

TO THE COURT, THE PARTIES, AND THEIR COUNSEL OF RECORD:

PLEASE TAKE NOTICE that Plaintiffs MARIA A. ARTEAGA ALVAREZ, individually, and SILVINO PEREZ, by and through his Guardian ad Litem, CRISTOBAL ARTEAGA, hereby oppose Defendants Ashwin Bhatt, M.D. and

O© 0 NN A B~ W

DATED: December 29, 2015

O ® TABLE OF CONTENTS

INTRODUCTION ..ovvooeeeeeesesseemmssmssssssssssnsessesesas e enessrre 3 STANDARD OF REVIEW ooooooeovevooeesseseeesssssesesssessseessssssesessssssssssssssssssesssssssssssessssens 4

PLAINTIFFS’ HAVE PLED THEIR FIRST CAUSE OF ACTION FOR NEGLIGENCE AND SEVENTH CAUSE OF ACTION FOR LOSS OF CONSORTIUM WITH

SUFFICIENT CERTAINTY oiiicreiicreereneeniniieisieerininesisesssstesssnsssnnsmnensannassssssssenssesassas 5

PLAINTIFFS FOLLOWED PROPER PROCEDURE IN AMENDING THEIR

COM P L AINT ..o everesitesesteessseessssaersesesresesesssanssesaassassasssesasstesbssasabssasaa s et e sesatsasasnssnnns 6

A ASSUMING, ARGUENDO, AMENDMENTS ARE WARRANTED, PLAINTIFFS WERE NOT ABLE TO MAKE THEM EARLILER.

B THE COMPLAINT IS NOT SUBJECT TO A SPECIAL DEMURRER BASED ON THE PROPRIETY OF THE DOE AMENDMENT BECAUSE PLAINTIFFS

PROPERLY EMPLOYED THE DOE AMENDMENT PROCESS.

SHOULD THE COURT SUSTAIN DEFENDANT’S DEMURRER, PLAINTIFFS

REQUEST LEAVE TO AMEND....cocccc.0vcercreeeceennees e, 3

CONCLUSION........... et e 9

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TABLE OF AUTHORITIES CALIFORNIA CASES

Adams v. Paul (1995) 11 Cal.dth 583.....ciiiiiiii e 6 Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962 ......ccovvviirerivecviriuennnes e 8 Austin v. Massachusetts Bonding & Ins. Co. (1961) 56 Cal.2d 596.........cocevvimerinininninnnnnn 8 Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599 e eereeeerreenreaaaenesaesaanenses 5 Cossman v. Daimler Ch;'ysler Corp., et al. (2003) 108 Cal.App.4th 370.....cccnimmiioricrriricninnnne. 4 Hendy v. Losse (1991) 54 Cal.3d 723..........Johnson v. County of Los Angeles (1983) 143 Cal.App.3d 298 ...coeuvniiniinnsinininininnsnnisensenen: 5 Khoury v. Maly’s of California (1993) 14 Cal. App.4th D12 eeeeeeeeeeeiieeeaeeeeeaeeesenassecearesssbasaaens 5 Ludgate v Lockeed Martin Corp. (2000) 82 Cal.App.4th 592 4,5 McOwen v. Grossman (2007) 153 Cal. App.4th 937.....ovinenvinniininnnnen. " evnenenes veienndd Mendoza v. Rast Produce Co., Inc. (2006) 140 Cal. App.4th 1395.......cooiiiiniiiiiiininnnns oo Pena v. Sita World Travel, Inc. (1978) 88 Cal.App.3d 642.......... e e . 41 Pérkins v. Sup. Ct. (1981) 117-Cal. App3d L......covvnnnss e e, e 4 Redevelopment Agency v. Herrold (1978) 86 Cal APP.3d 1024...vvoevvsvrssesscnssnssnrssnsne 9 Williams v. Beechnut Nutrition Corp., (1986) 185 Cal.App.3d 135.....ccccevenine. ceerreeesaeearenaennns 4

STATUTES

Code of Civil Procedure §T:19........ovvviniiiiiiiiiiiiiiiiiiii e 6 Code of Civil Procedure Ty g R RCAEREELLLLLS 7,8

COURTRULES |

California Rules of Court, RUIE 2.112. .. ueuinieeiiniiiiieie et 5 Fresno Cbunty LL0CAl RULE 2.7, 2 e ettt ettt e e e etsan e sanaaa et eaastsnaeesansaa et csanes 7

TREATISES |

5 Witkin, Cal. Procedure (3d ed. 1985) Pleading §1121 .o, 8

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U ¢ MEMORANDUM OF POINTS AND AUTHORITIES

L. FACTUAL INTRODUCTION

This suit arises out of an aortic valve repair and replacement surgery attempted on Plaintiff Silvino Perez at Defendant Community Regional Medical Center on April 2, 2012, leading to permanent brain damage and other catastrophic injuries. Defendant Pervaiz Chaudhry, M.D. was designated as the cardiothoracic surgeon for the surgery. Defendant Aswhin Bhatt, M.D. was the anesthesiologist during the surgery and was acting as an agent or employee of his medical group, Defendant Community Anesthesia Providers, during the surgery.

After filing their Complaint against Dr. Chaudhry and hospital defendants, Plaintiffs became aware during Dr. Chaudhry’s deposition that moving Defendants needed to be named as Defendants. Dr. Chaudhry testified, in essence, that he depended

on Dr. Bhatt to give him information about blood clotting tests and factors that indicate a

| propen51ty for the patient to bleed abnormally, which may lead to the patlent S

detenoratlon This is relevant because Dr. Chaudhry contends that abnormal bleeding factors may have contributed to Mr. Perez s decline and subsequent injuries. If one assumes Dr. Chaudhry’s position is true (which Plaintiffs do not), Dr. Bhatt is implicated for not providing sufficient information to Dr. Chaudhry to help prevent the deterioration. Plaintiffs are informed and believe that Dr. Bhatt’s medical group, Community Anesthesia Providers, is also vicariously liable for Dr. Bhatt’s actions. This pleading 1s proper because Plaintiffs are allowed to plead inconsistent and even contradicting theories.

Following Dr. Chaudhry’s testimony, Plaintiffs sought and obtained Court Orders substituting them as Does 5 and 6. Although Plaintiffs amended their Complaint atter making these Doe substitutions, all versions of Plaintiffs’ Complaint, including the operative Third Amended Complaint, effectively plead theories of wrongdoing against moving Defendants with snfficient certainty. Plaintiffs allege that Defendants, including

NEGLIGENCE AND SEVENTH CAUSE OF ACTION FOR LOSS OF CONSORTIUM WITH SUFFICIENT CERTAINTY

Plaintiffs’ Third Amended Complaint states causes of action for negligence and loss of consortium that are pled with sufficient certainty against moving Defendants. In the first cause of action for negligence, Plaintiffs explicitly state that the cause of action is pled against “Defendants, and each of them” (TAC 923); that the negligent conduct mentioned pertains to “Defendants, and each of them™ (TAC 924); and that Plaintiffs’ injuries resulted from Ithe conduct of “Defendants, and each of them” (TAC {929, 30, 31, 32.) The Third Amended Complaint also indicates that the group of Defendants to which it is directed include Does One through Twenty-Five, explaining that the true names of those defendants will be substituted once they are realized through the very process Plaintiffs used to add moving Defendants as Does to this action. Plaintiffs have thus

complied with all requirements of Rule 2.112 of the California Rules of Court, and the

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hearing. In order to make substantive changes to the Complaint, however, Plaintiffs had to file a motion to amend. Plaintiffs submitted to the Court their Motion for Leave to Amend to add punitive damages on July 31, 2015, but they did not receive the Order adding Defendant Dr. Bhatt as a Doe Defendant until July 30, 2015 and their Order adding Community Anesthesia Providers until even later. The Order granting Plaintiffs’ Motion for Leave to Amend was not issued until October 22, 2015, and Plaintiffs were not authorized to make additional substantive changes based on the Order being limited to the issues raised in the Motion for Leave to Amend. |

Therefore, even if one assumes that the amendments moving Defendafité are requesting are required (which Plaintiffs do not concede), it was impossible for Plaintiffs to seek those amendments in their recent Motion for Leave to Amend. It was also improper for Plaintiffs make any améndments relating to moving Defendants after the Court’s Order was issued because those amendments would go beyond the Cofirt’s Order specifying what amendments were allowed.

B. The Complaint Is Not Subject to a Special Demurrer Based on the Propriety of the Doe Amendment Because Plaintiffs Properly Eniployed the Doe Amendment Process.

California Code of Civil Procedure section 474 states, “When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint . . . and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly.” A plaintiff is “ignorant of the name of a defendant” not onlyignorant of the Defendant’s identity but also when he or he is ignorant of the facts giving rise to the case of action against that defendant. (McOwen v. Grossman (2007) 153 Cal.App.4th 937, 943.) Fresno County Local Rule 2.7.2 provides the proper procedure for Doe amendments by specifying they can be made via an ex parte application without a hearing. A plaintiff is not required to make any additional amendments or changes other

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