This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 09:42:48 (UTC).

DAVID C SHAW VS WILLIE HENRY GOFFNEY MD ET AL

Case Summary

On 12/14/2016 DAVID C SHAW filed a Personal Injury - Medical Malpractice lawsuit against WILLIE HENRY GOFFNEY MD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and AMY D. HOGUE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3798

  • Filing Date:

    12/14/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LAURA A. SEIGLE

AMY D. HOGUE

 

Party Details

Plaintiffs and Petitioners

SHAW DAVID C.

SHAW DAVID M.

Defendants and Respondents

LAKEWOOD REGIONAL MEDICAL CENTER

GOFFNEY WILLIE HENRY M.D.

DOES 1 THROUGH 50

Plaintiff and Guardian Ad Litem

SHAW DAVID M.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BLUMBERG JOHN P.

BONGARD FREDERIC SAWYER ESQ.

BLUMBERG JOHN PHILIP ESQ.

Defendant Attorneys

WONG LAWRENCE DAVID ESQ.

LEVINE HARMON BRUCE ESQ.

JAMES ADAM ROBERT

AGRUSA LISA MARIE ESQ.

 

Court Documents

Certificate of Mailing for

6/4/2019: Certificate of Mailing for

Certificate of Mailing for

8/13/2019: Certificate of Mailing for

Minute Order

8/13/2019: Minute Order

SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS AND SUPPORTING EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY LAKE WOOD REGIONAL MEDICAL CENTER, INC.

2/2/2018: SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS AND SUPPORTING EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY LAKE WOOD REGIONAL MEDICAL CENTER, INC.

DEFENDANT WILLIE HENRY GOFFNEY, M.D.'S SEPARATE STATEMENT OF UNDISPUTED FACTS

6/20/2018: DEFENDANT WILLIE HENRY GOFFNEY, M.D.'S SEPARATE STATEMENT OF UNDISPUTED FACTS

NOTICE OF ENTRY OF ORDER TO CONTINUE TRIAL

8/14/2018: NOTICE OF ENTRY OF ORDER TO CONTINUE TRIAL

NOTICE OF TAKING OFF CALENDAR MOTION FOR SUMMARY JUDGMENT OF DEFENDANT WILLIE HENRY GOFFNEY, M.D.

8/24/2018: NOTICE OF TAKING OFF CALENDAR MOTION FOR SUMMARY JUDGMENT OF DEFENDANT WILLIE HENRY GOFFNEY, M.D.

Minute Order

11/19/2018: Minute Order

Order

11/19/2018: Order

Notice

1/9/2019: Notice

Motion in Limine

2/6/2019: Motion in Limine

Motion in Limine

2/6/2019: Motion in Limine

Statement of the Case

2/11/2019: Statement of the Case

Witness List

2/13/2019: Witness List

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

12/23/2016: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

SUMMONS

3/9/2017: SUMMONS

DEFENDANT LAKEWOOD REGIONAL MEDICAL CENTER?S NOTICE OF POSTING JURY FEES

5/10/2017: DEFENDANT LAKEWOOD REGIONAL MEDICAL CENTER?S NOTICE OF POSTING JURY FEES

ANSWER TO COMPLAINT

8/14/2017: ANSWER TO COMPLAINT

66 More Documents Available

 

Docket Entries

  • 10/03/2019
  • Hearingat 08:30 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 09/18/2019
  • Hearingat 13:30 PM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition to Confirm Minor's Compromise

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  • 08/13/2019
  • Docketat 4:00 PM in Department 4B, Laura A. Seigle, Presiding; Court Order

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  • 08/13/2019
  • DocketCertificate of Mailing for ((Court Order) of 08/13/2019); Filed by Clerk

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  • 08/13/2019
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 07/19/2019
  • Docketat 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Petition to Confirm Minor's Compromise (Disposition of Proceeds of Judgment for Claimant David M. Shaw) - Held - Continued

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  • 07/19/2019
  • DocketMinute Order ( (Hearing on Petition to Confirm Minor's Compromise Disposition...)); Filed by Clerk

    Read MoreRead Less
  • 06/21/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 06/21/2019
  • DocketPetition to Approve Compromise of Disputed Claim; Filed by David C. Shaw (Plaintiff)

    Read MoreRead Less
  • 06/07/2019
  • Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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113 More Docket Entries
  • 03/09/2017
  • DocketSummons; Filed by David C. Shaw (Plaintiff)

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  • 03/09/2017
  • DocketSUMMONS

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  • 02/27/2017
  • DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 02/15/2017
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 02/15/2017
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.

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  • 12/23/2016
  • DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

    Read MoreRead Less
  • 12/15/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 12/15/2016
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

    Read MoreRead Less
  • 12/14/2016
  • DocketCOMPLAINT FOR DAMAGES -WRONGFUL DEATH

    Read MoreRead Less
  • 12/14/2016
  • DocketComplaint; Filed by David C. Shaw (Plaintiff)

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Tentative Rulings

Case Number: BC643798    Hearing Date: June 23, 2020    Dept: 27

"The parties are STRONGLY encouraged to appear telephonically based on the spread of COVID-19, the need for social distancing, the states of emergency having been declared by Governor Gavin Newsom and President Donald Trump, the General Orders issued by the Presiding Judge, and the Statewide Orders issued by the Chief Justice."

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

DAVID C. SHAW, individually and as Guardian Ad Litem for DAVID M. SHAW,

Plaintiffs,

vs.

WILLIE HENRY GOFFNEY, M.D., LAKEWOOD REGIONAL MEDICAL CENTER, and DOES 1 through 50, inclusive,

Defendants.

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CASE NO.: BC643798

[TENTATIVE] ORDER RE: PETITION TO APPROVE DISPOSITION OF PROCEEDS OF JUDGMENT

Dept. 27

8:30 a.m.

June 23, 2020

Claimant David M. Shaw (“Claimant”), a person with a disability, by and through his guardian ad litem David C. Shaw (“Petitioner”), has agreed to settle his claims against Defendants in exchange for $83,333.33, out of a total $650,000, to be paid to the trustee of a Special Needs Trust (“SNT”). This case arises from the wrongful death of Cheryl Shaw, Claimant’s mother and Petitioner’s wife. The Complaint alleged loss of spousal services on behalf of Petitioner and wrongful death non-economic damages on behalf of Claimant. The entire case is settled for $650,000, with $250,000 representing the maximum damages permitted by Code of Civil Procedure section 3333.2 (MICRA) and section 377.60. The Petition requests allocation approval of a third of the non-economic damages ($250,000) without reduction for attorneys’ fees and costs. The attorneys’ fees on the entire settlement is $166,398.25 and the non-medical costs are $28,718.16. There are no medical expenses at issue.

Court approval is required for all settlements of claims by a person with a disability. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) When a settlement proposes the establishment of a special needs or other trust as provided in Probate Code sections 3600 to 3612, the terms of the proposed trust must be reviewed by the Probate Department. (L.A. County Sup. Ct. Rule 4.115(c).) The Probate Department has reviewed the proposed SNT and has made its recommendations, as set forth below.

SNT: As required by Probate Code section 3604(b), the Court makes the following findings: (1) the SNT beneficiary has a disability which substantially impairs the individuals’ ability to provide for his own care or custody and constitutes a substantial handicap; (2) the SNT beneficiary is likely to have special needs that will not be met without the trust; and (3) the money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the SNT beneficiary’s special needs.

Notice: Probate Code Sections 3602(f) and 3604(a)(2) require 15 days' notice of the Petition to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services. A Proof of Service was filed showing the Petition to Approve Allocation of Settlement Proceeds to Dependent Adult and the Supplement was served on the appropriate state agencies on September 30, 2019. Proof of Service of amended petition shows it was served January 14, 2020.

Trustee and Bond:

Court will order Petitioner to open a separate proceeding for the Trust by filing a certified copy of the settlement order establishing the Trust with the Probate court. (LASC Rule 4115(e)(1).) Petitioner will be ordered to submit a Notice of Commencement of Proceedings of Court Created Trust on LASC Form PRO 044 and the Court will set an OSC on July 23, 2020 at 8:30 a.m. in Department 27 for proof of bond in the amount of $93,500 and commencement of a separate Probate action.

Moving party to give notice.

Certificate of Mailing is attached.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

Dated this 23rd day of June 2020

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

Case Number: BC643798    Hearing Date: March 20, 2020    Dept: 27

ORDER RE CONTINUANCE

Due to governmental declarations of a state of emergency, the hearing on the petition to approve minor’s compromise is continued to April 21, 2020 at 1:30 pm.  Moving party is to give notice.

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