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This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 08:28:07 (UTC).

EMMA ZEBIO VS WEST HILLS HOSPITAL & MEDICAL CENTER ET AL

Case Summary

On 05/11/2015 EMMA ZEBIO filed a Personal Injury - Medical Malpractice lawsuit against WEST HILLS HOSPITAL MEDICAL CENTER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1502

  • Filing Date:

    05/11/2015

  • 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 Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff and Guardian Ad Litem

ZEBIO JENNIFER

Defendants and Respondents

DOES 1 THROUGH 100

WEIDMAN JAMES M.D.

WEST HILLS HOSPITAL & MEDICAL CENTER

Minor

ZEBIO EMMA

Attorney/Law Firm Details

Plaintiff Attorneys

DENNY PHILLIP AARON

BUNCH BRUCE MONROE ESQ.

LEDERMAN GREGORY JASON

Defendant and Respondent Attorneys

CLARK BRADLEY C. ESQ.

DUMMIT BUCHHOLZ & TRAPP

REBACK MCANDREWS KJAR WARFORD &

RADOCHONSKI JOSEPH MICHAEL ESQ.

NERI ELIZABETH ANN ESQ.

HARRIS RICHARD GEORGE ESQ.

Minor Attorney

BUNCH BRUCE M. ESQ.

 

Court Documents

Minute Order

7/3/2019: Minute Order

Minute Order

1/25/2018: Minute Order

PETITION TO APPROVE: COMPROMISE OF PENDING ACTION - MINOR

9/13/2018: PETITION TO APPROVE: COMPROMISE OF PENDING ACTION - MINOR

Minute Order

10/23/2018: Minute Order

Order

11/16/2018: Order

Declaration

11/30/2018: Declaration

Declaration

12/6/2018: Declaration

Order

12/18/2018: Order

Request for Dismissal

1/18/2019: Request for Dismissal

Notice of Ruling

3/13/2019: Notice of Ruling

PROOF OF SERVICE SUMMONS

11/9/2015: PROOF OF SERVICE SUMMONS

DEFENDANT WEST HILLS HOSPITAL AND MEDICAL CENTER'S ANSWER

12/8/2015: DEFENDANT WEST HILLS HOSPITAL AND MEDICAL CENTER'S ANSWER

WEST HILLS HOSPITAL AND MEDICAL CENTER'S NOTICE OF POSTING JURY FEES

12/21/2015: WEST HILLS HOSPITAL AND MEDICAL CENTER'S NOTICE OF POSTING JURY FEES

DECLARATION OF RICHARD G. HARRIS AND EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT / ADJUDICATION OF ISSUES BY DEFENDANT, WEST HILLS HOSPITAL AND MEDICAL CENTER

8/26/2016: DECLARATION OF RICHARD G. HARRIS AND EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT / ADJUDICATION OF ISSUES BY DEFENDANT, WEST HILLS HOSPITAL AND MEDICAL CENTER

PLAINTIFF?S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT BY JAMES WEIDMAN, M. D.; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MAUREEN SIMS, M.D.; DECLARATION OF JOHN J. NOLAN III, ESQ. (FILED CO

2/16/2017: PLAINTIFF?S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT BY JAMES WEIDMAN, M. D.; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MAUREEN SIMS, M.D.; DECLARATION OF JOHN J. NOLAN III, ESQ. (FILED CO

NOTICE OF LODGING EXHIBITS IN SUPPORT OF PLAINTIFF?S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OF DEFENDANT, JAMES WEIDMAN, M.D.

2/16/2017: NOTICE OF LODGING EXHIBITS IN SUPPORT OF PLAINTIFF?S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OF DEFENDANT, JAMES WEIDMAN, M.D.

DECLARATION OF EMILY R. CASEY TO EX PARTE MOTION TO CONTINUE TRIAL

6/26/2017: DECLARATION OF EMILY R. CASEY TO EX PARTE MOTION TO CONTINUE TRIAL

STIPULATION TO CONTINUE TRIAL AND ORDER

6/26/2017: STIPULATION TO CONTINUE TRIAL AND ORDER

66 More Documents Available

 

Docket Entries

  • 10/07/2019
  • Hearingat 08:30 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 09/25/2019
  • Hearingat 10:00 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 09/18/2019
  • Hearingat 08:30 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 07/19/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 07/09/2019
  • Docketat 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 07/03/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Hearing on Ex Parte Application (for Trial Continuance) - Held - Motion Granted

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  • 07/03/2019
  • DocketMinute Order ( (Hearing on Ex Parte Application for Trial Continuance)); Filed by Clerk

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  • 07/03/2019
  • DocketEx Parte Application (for Trial Continuance); Filed by James, M.D. Weidman (Defendant)

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  • 07/03/2019
  • DocketNotice of Ruling; Filed by James, M.D. Weidman (Defendant)

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  • 03/20/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Order to Show Cause Re: (1) Filing of Notice of Commencement of Trust Action and 2) Posting of Bond) - Held

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146 More Docket Entries
  • 11/06/2015
  • DocketProof-Service/Summons; Filed by Jennifer Zebio (Plaintiff); Emma Zebio (Plaintiff)

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  • 11/06/2015
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/29/2015
  • DocketSummons; Filed by Clerk

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  • 05/29/2015
  • DocketSummons Issued; Filed by Clerk

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  • 05/29/2015
  • DocketSUMMONS

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  • 05/21/2015
  • DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 05/11/2015
  • DocketCOMPLAINT FOR DAMAGES FOR MEDICAL NEGLIGENCE

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  • 05/11/2015
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEMCIVIL

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  • 05/11/2015
  • DocketComplaint; Filed by null

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  • 05/11/2015
  • DocketApplication ; Filed by Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC581502    Hearing Date: September 04, 2020    Dept: 29

Zebio v. West Hills Hospital & Medical Center et al.

The Court excuses the personal appearance of the Claimant Emma Zebio. The petitioner and guardian ad litem Jennifer Zebio may appear at the time of the hearing by telephone or teleconference video.

The Court has reviewed the Petition to Approve Compromise of Pending Action between Emma Zebio and James Weidman, M.D., filed on 3/5/20, the Addendum to Attachment 15 to the Petition filed on 3/10/20, and Declaration and documents by Bruce M. Bunch, filed on 8/25/20. The Court finds that the settlement is reasonable and approves the settlement.

The Court has considered the Declaration of Bruce M. Bunch in support of the fee request. The Court finds that on the current record, and in consideration of the factors set forth in Cal Rules of Court, Rule 7.955(b), a fee of $140,387.77 is reasonable.

The Court approves the following distribution:

Attorney’s fees $140,387.77

Medical expenses (reimbursement to parents) 200,000.00

Costs 84,859.78

Total fees and costs $425,247.55

* * *

Total Settlement $1,000,000.00

Less credits -425,247.55

Add back the $56,000 previously withheld 56,000.00

Net Settlement for deposit into SNT $630,752.45

The Probate Department required an increase in the bond amount consisting of the amount of the net settlement plus 10% of costs for recovery on the bond. Plaintiff calculates a new bond amount on existing trust assets of $142, 095.98 plus the new settlement of $630,752.45. Plaintiff’s calculation of total trust assets of $872,903.00 appears incorrect.

The Court’s calculation is as follows:

Existing trust assets $142,095.98

Additional net settlement 630,752.45

Total trust assets $772,848.43

10% of trust assets for the bond 77,284.84

Plus total trust assets 772,848.43

Total bond amount (principal plus 10%) $850,133.27

Counsel is ordered to address the bond amount at the time of the hearing.

Moving party is ordered to give notice.

Case Number: BC581502    Hearing Date: August 07, 2020    Dept: 29

The Court continues the hearing to 9/4/2020 at 1:30 p.m. in Department SS-29. Counsel is ordered to file a supplemental declaration and supporting documents to remedy the aforementioned defects by 8/26/20. The appearance of the minor is excused. The Guardian ad Litem and counsel may appear at the next hearing by telephone or video conference.

The Court has reviewed the Petition to Approve Compromise of Pending Action between Emma Zebio and James Weidman, M.D., filed on 3/5/20 as well as the Addendum to Attachment 15 to the Petition filed on 3/10/20. Subject to the appearance of the Guardian ad Litem at the next hearing, the Court intends to find that the settlement is reasonable and to approve the settlement.

However, the petition requires further clarification. The Addendum to the Petition attaches medical expenses totaling $466,013.12, but Petitioner is requesting reimbursement of $100,000. This differs from the amount requested in the petition of $200,000. Counsel is ordered to clarify the amount to be reimbursed.

Counsel requests reimbursement of costs totaling $84,859.78 for jury and expert fees, deposition transcripts, and miscellaneous expenses. The Court’s file reflects that on

3/18/18, the Court approved the settlement between Plaintiff and co-defendant West Hills Hospital. The Court allowed the sum of $56,000 to be set aside for future costs because of the pending trial against Dr. Weidman. An OSC re Accounting of Costs was scheduled for 9/18/19 and later continued because of the COVID-19 pandemic.

The Court’s file does not reflect that Plaintiff’s counsel filed an accounting for the $56,000 previously withheld to be applied against future costs. Counsel requests additional costs in this second petition totaling $84,859.78. The costs appear duplicative of the future costs that were to be incurred at trial. Counsel is ordered to provide an accounting for the $56,000 and explain whether the current costs of $84,859.78 are accounted for or are additional to the $56,000.00 previously withheld.

The Court has considered the Declaration of Bruce M. Bunch in support of the fee request. The Court finds that on the current record, and in consideration of the factors set forth in Cal Rules of Court, Rule 7.955(b), a fee of $140,387.77 is reasonable.

This petition proposes to fund an existing special needs trust, which was previously approved by the Court on 12/18/18. The current bond is $181,000 for the SNT in 19STPB02502. The proposed addition of $574,752.45 to the SNT requires an increase in bond. Accordingly, the Court orders a bond of $632,228, consisting of $574,752.45 plus 10% for costs of recovery on the bond.

Counsel is ordered to provide a proposed order that includes the amended bond requirement, reimbursement to the Guardian ad Litem, and costs (to be substantiated with the accounting discussed above).

Moving party is ordered to give notice.

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