This case was last updated from Los Angeles County Superior Courts on 06/12/2019 at 01:48:40 (UTC).

JUAN PALMA ET AL VS KAISER FOUNDATION HEALTH PLAN INC ET AL

Case Summary

On 04/27/2016 JUAN PALMA filed a Personal Injury - Medical Malpractice lawsuit against KAISER FOUNDATION HEALTH PLAN INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ROBERT B. BROADBELT and GLORIA WHITE-BROWN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8225

  • Filing Date:

    04/27/2016

  • 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

ROBERT B. BROADBELT

GLORIA WHITE-BROWN

 

Party Details

Plaintiffs and Petitioners

BLACKMON MISTY

ESTATE OF MISTY BLACKMON

Defendants, Respondents and Cross Plaintiffs

SOUTHERN CALIFORNIA PERMANENTE MEDICAL

BADRTALEI-SHAH SHIRIN D.O.

KAISER FOUNDATION HOSPITALS

KAISER FOUNDATION HEALTH PLAN INC.

KAISER PERMANENTE ONTARIO MEDICAL CENTER

DOES 1 THROUGH 100

DISNEY LEW B. M.D.

VIGIL CARLOS D.O.

SAN ANTONIO REGIONAL HOSPITAL

DISNEY M.D. LEW B.

ANGEL MEFLIGHT WORLD WIDE AIR AMBULANCE

BADRTALEI-SHAH D.O. SHIRIN

VIGIL D.O. CARLOS

Cross Defendant

AVIATION WEST CHARTERS LLC DBA ANGEL MEDFLIGHT WORLD WIDE AIR AMBULANCE

Guardian Ad Litem

PALMA JUAN

12 More Parties Available

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BALABAN DANIEL K. ESQ.

O'CALLAHAN JAMES G. ESQ.

Defendant and Respondent Attorneys

R.J. RYAN LAW APC

BROBECK DAVID J. JR.

WARFORD ROBERT K.

RYAN RICHARD J.

RYAN DATOMI LLP

WARFORD ROBERT K. ESQ

TROTTER MICHAEL J.

TROTTER MICHAEL J. ESQ.

Cross Plaintiff Attorney

BROBECK DAVID J. ESQ.

 

Court Documents

Notice

7/20/2017: Notice

Motion for Summary Judgment

9/29/2017: Motion for Summary Judgment

Unknown

9/29/2017: Unknown

Unknown

11/14/2017: Unknown

Declaration

11/14/2017: Declaration

Unknown

4/12/2018: Unknown

Other -

4/12/2018: Other -

Unknown

4/19/2018: Unknown

Order

8/29/2018: Order

Notice of Change of Firm Name

9/11/2018: Notice of Change of Firm Name

Unknown

1/15/2019: Unknown

Notice

1/22/2019: Notice

Motion in Limine

1/25/2019: Motion in Limine

Motion in Limine

1/25/2019: Motion in Limine

Notice

4/10/2019: Notice

Notice of Ruling

5/10/2019: Notice of Ruling

SUBSTITUTION OF ATTORNEY

7/12/2016: SUBSTITUTION OF ATTORNEY

PLAINTIFFS' OPPOSITION TO DEFENDANT LEW B. DISNEY, M.D.'S MOTION FOR ORDER REQUIRING PLAINTIFFS TO FILE AN UNDERTAKING;ETC.

6/29/2017: PLAINTIFFS' OPPOSITION TO DEFENDANT LEW B. DISNEY, M.D.'S MOTION FOR ORDER REQUIRING PLAINTIFFS TO FILE AN UNDERTAKING;ETC.

160 More Documents Available

 

Docket Entries

  • 05/28/2019
  • Application to be Admitted Pro Hac Vice; Filed by Juan Palma (Legacy Party); Misty Blackmon (Plaintiff); Estate of Misty Blackmon (Plaintiff)

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  • 05/10/2019
  • Notice of Ruling; Filed by San Antonio Regional Hospital (Defendant)

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  • 05/09/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Hearing on Motion - Other (To Contest Application for Good Faith Sttlement by Cross-Defendant Aviation West Charters, LLC) - Held - Motion Granted

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  • 05/09/2019
  • Order (Tentative Ruling); Filed by Clerk

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  • 05/09/2019
  • Minute Order ( (Hearing on Motion - Other To Contest Application for Good Fai...)); Filed by Clerk

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  • 05/01/2019
  • Reply (Reply of Def. San Antonio Regional Hospital to Motion to Contest Appl for Good Faith Settlement); Filed by San Antonio Regional Hospital (Defendant)

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  • 04/26/2019
  • Declaration (of Scott R. Diamond in Opposition to Notice of Motion and Motion to Contest Application for Good Faith Settlement by Cross-Defendant, Aviation West Charters, LLC); Filed by Aviation West Charters, LLC (Cross-Defendant)

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  • 04/10/2019
  • Notice (of Association of Attorney); Filed by Juan Palma (Legacy Party); Misty Blackmon (Plaintiff); Estate of Misty Blackmon (Plaintiff)

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  • 03/05/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 02/21/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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273 More Docket Entries
  • 05/20/2016
  • Application ; Filed by Plaintiff/Petitioner

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  • 05/20/2016
  • Request; Filed by Plaintiff/Petitioner

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  • 05/20/2016
  • PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF'S APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 05/04/2016
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 04/29/2016
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL EX PARTE

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  • 04/29/2016
  • Application-Miscellaneous (FOR MISTY BLACKMON GUARDIAN AD LITEM(COPY) ); Filed by Attorney for Pltf/Petnr

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  • 04/29/2016
  • Application ; Filed by Plaintiff/Petitioner

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  • 04/27/2016
  • Complaint; Filed by Misty Blackmon (Plaintiff); Estate of Misty Blackmon (Plaintiff)

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  • 04/27/2016
  • COMPLAINT FOR DAMAGES FOR: 1. MEDICAL PROFESSIONAL NEGLIGENCE; ETC

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  • 04/27/2016
  • Complaint

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Tentative Rulings

Case Number: BC618225    Hearing Date: January 15, 2020    Dept: J

HEARING DATE: Wednesday, January 15, 2020

NOTICE: OK

RE: Palma v. Kaiser Foundation Health Plan, Inc. (BC618225)

______________________________________________________________________________

 

Plaintiffs Juan Palma’s, Guardian of Misty Blackmon, Personally, and the Estate of

Misty Blackmon’s MOTION TO COMPEL THE DEPOSITION OF DEFENDANT’S

PMQ

Responding Party: None (unopposed, as of 1/10/20, 12:18 p.m.; due 1/2/20)

Tentative Ruling

Plaintiffs Juan Palma’s, Guardian of Misty Blackmon, Personally, and the Estate of

Misty Blackmon’s unopposed Motion to Compel the Deposition of Defendant’s PMQ is GRANTED.

Background

Medical malpractice. On April 27, 2016, Plaintiff Juan Palma, Guardian of Misty Blackmon, Personally, and the Estate of Misty Blackmon (“Plaintiffs”) filed a complaint, asserting causes of action against Defendants Kaiser Foundation Health Plan, Inc. (“KFHPI”), Kaiser Foundation Hospitals (“KFH”), Southern California Permanente Medical Group (“SCPMG”), Kaiser Permanente Ontario Medical Center, Shirin Badrtalei-Shah, D.O. (“Shah”), San Antonio Regional Hospital (“SARH”), Lew B. Disney, M.D., Carlos Vigil, D.O. (“Vigil”) and Does 1-100 for:

  1. Medical Professional Negligence
  2. Non-MICRA Negligence
  3. Breach of Fiduciary Duty
  4. Loss of Consortium

On July 13, 2017, this action was transferred from the personal injury hub (Department 93) to this department. On December 1, 2017, SARH filed a cross-complaint, asserting causes of action against Cross-Defendants Aviation West Charters, LLC, dba Angel Medflight World Wide Air Ambulance (“Aviation”) and Roes 1-100 for:

  1. Equitable Indemnity
  2. Comparative Indemnity
  3. Declaratory Relief

On April 26, 2018, the court granted KFHPI’s motion for summary judgment and granted KFH’s and SCPMG’s respective motions for summary adjudication of the third cause of action.

On December 5, 2018, a Notice of Settlement was filed as between Plaintiffs and KFH, SCPMG, KFHPI and Shah. On January 16, 2019, the “Order Re: Application for Determination of Good Faith Settlement” as between Plaintiffs and KFH, SCPMG, KFHPI and Shah was filed.

On June 27, 2019, a second Notice of Settlement was filed as between Plaintiffs and Aviation.

On July 23, 2019, an “Order Re Amended Application for Determination of Good Faith Settlement of Cross-Defendant, Aviation West Charters, LLC dba Angel Medflight World Wide Air Ambulance” was filed.

On July 23, 2019, an “Order re Defendant Lew B. Disney. M..D.’s Application for Determination of Good Faith Settlement” was filed.

On August 29, 2019, Plaintiffs dismissed KFH, SCPMG, KFHPI and Shah, with prejudice.

A Final Status Conference is set for March 2, 2020. Trial is set for March 10, 2020.

Legal Standard

CCP § 2025.010 provides, in relevant part, that “[a]ny party may obtain discovery. . .by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency.”

CCP § 2025.230 states that “[i]f the deponent is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonable available to the deponent.”

CCP § 2025.450(a) provides that if, after a deposition notice is served, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection, fails to appear for examination or to produce for inspection any document, electronically stored information, or things described in the deposition notice, the party noticing the deposition may move for an order compelling the deponent’s attendance and testimony, and the production of any document, electronically stored information, or things described in the deposition notice.

A motion to compel deposition shall be accompanied by a meet and confer declaration under Section 2016.040 or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (CCP § 2025.450(b)(2).)

The motion shall also set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (CCP § 2025.450(b)(1).) “Good cause” for production of documents may be established where it is shown that the request is made in good faith and that the documents sought are relevant to the subject matter and material to the issues in the litigation. See Associated Brewers Distributing Co. v. Superior Court of Los Angeles County (1967) 65 Cal.2d 583, 588.

A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (CCP § 2025.450(g)(1).)

Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement providing all information necessary to understand each discover request and all the responses at issue. (California Rules of Court, Rule 3.1345(a),(c).)

Discussion

Plaintiffs move the court for an order to compel SARH’s person(s) most qualified (“PMQ”) on a variety of topics related to SARH’s phone logs, electronic medical records system and audit trail (hereinafter collectively, “EMR Information”) to appear for deposition.

On June 12, 2019, Plaintiffs served a “Noticing of Deposition of Person(s) Most Qualified of Defendant San Antonio Regional Hospital;” the deposition was noticed for July 17, 2019. (Gold Decl., ¶3, Exh. 1.) Plaintiffs did not receive any objection from SARH concerning the deposition. (Id., ¶5.) On July 16, 2019, counsel for SARH conveyed to Plaintiffs’ counsel telephonically that the identities of the PMQs were still being determined by SARH. (Id., ¶6.) Due to that, Plaintiffs agreed to take the PMQ deposition off calendar, to be rescheduled on a later date. (Id.) On September 4, 2019, Plaintiffs’ counsel Samantha Gold (“Gold”) emailed SARH’s counsel to request the availability of SARH and the PMQs for deposition. (Id., ¶10, Exh. 2.) Gold did not receive a response to this email. (Id.) On October 2, 2019, Plaintiffs’ counsel’s office sent a letter to SARH’s counsel, again asking for the availability of the PMQs for deposition, along with a copy of the original deposition notice. (Id., ¶11, Exh. 4.) Having not received a response to the email, Gold raised the subject with SARH’s counsel while they were appearing ex parte on October 11, 2019. (Id., ¶12.) SARH’s counsel informed Gold that although the PMQs had been identified, SARH’s counsel’s trial schedule had prevented the depositions from occurring previously. (Id.) SARH’s counsel agreed to work with Plaintiffs’ counsel’s office to set dates for the PMQ deposition. (Id.) On November 6, 2019, Gold attempted to meet and confer with SARH’s counsel. (Id., ¶13, Exh. 5.) Gold did not receive any response. (Id.)

The motion demonstrates that SARH’s PMQ(s) has/have failed to appear for his/her/their properly noticed deposition, and that Plaintiffs’ counsel adequately met and conferred regarding same. Accordingly, the unopposed motion is GRANTED.