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This case was last updated from Los Angeles County Superior Courts on 07/01/2019 at 03:52:06 (UTC).

KEVIN MAY ET AL VS AXMINSTER MEDICAL GROUP INC ET AL

Case Summary

On 07/16/2015 KEVIN MAY filed a Personal Injury - Medical Malpractice lawsuit against AXMINSTER MEDICAL GROUP 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 HOWARD L. HALM, VICTOR E. CHVEZ, SAMANTHA JESSNER and DENNIS J. LANDIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8473

  • Filing Date:

    07/16/2015

  • 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 Judges

HOWARD L. HALM

VICTOR E. CHVEZ

SAMANTHA JESSNER

DENNIS J. LANDIN

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

MAY KEVIN

MAY VANESSA

Defendants and Respondents

AXMINSTER MEDICAL GROUP INC.

DOES 1 THROUGH 50

MADATI MIA J. SANDERS M.D.

MEILLEUR CHRISTOPHER M.D.

WEDEEN GLEN P. M.D.

WESTCHESTER ADVANCED IMAGING MEDICAL GRO-

BEVERLY RADIOLOGY MEDICAL GROUP INC.

RADNET MANAGEMENT INC.

Minor

BABY GIRL MAY

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorneys

GOMEZ TRIAL ATTORNEYS

O'CONNOR PARSONS LANE & NOBLE LLC

STORMES-SWAN PATRICK CHARLES

SWAN EDWARD PATRICK JR

Defendant and Respondent Attorneys

WATTEN DISCOE BASSETT & MCMAINS LAW O/O

KEANE JEFFREY G.

NELSON ALPHONSIE

WARREN JAMES GORDON

KEANE JEFFREY GAIRE

 

Court Documents

Minute Order

12/20/2017: Minute Order

NOTICE OF MOTION AND MOTION ENFORCING THE INSURANCE LIQUIDATION STAY ORDER ISSUED BY THE DISTRICT OF COLUMBIA AND THE DOMESTICATION OF FOREIGN ORDER OF LIQUIDATION ISSUED BY THE SUPERIOR COURT FOR THE

1/9/2018: NOTICE OF MOTION AND MOTION ENFORCING THE INSURANCE LIQUIDATION STAY ORDER ISSUED BY THE DISTRICT OF COLUMBIA AND THE DOMESTICATION OF FOREIGN ORDER OF LIQUIDATION ISSUED BY THE SUPERIOR COURT FOR THE

NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL?CIVIL

3/1/2018: NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL?CIVIL

Proof of Service

5/1/2018: Proof of Service

DEFENDANTS AXMJNSTER MEDICAL GROUP, INC;ETC.

8/13/2018: DEFENDANTS AXMJNSTER MEDICAL GROUP, INC;ETC.

OPPOSITION TO DEFENDANTS AXMINSTER MEDICAL GROUP, INC. ET AL.'S MOTION IN LIMINE NO. 7 REGARDING PLAINTIFFS' INQUIRY ABOUT JURY'S OPINION ON ABORTION DURING VOIR DIRE

8/24/2018: OPPOSITION TO DEFENDANTS AXMINSTER MEDICAL GROUP, INC. ET AL.'S MOTION IN LIMINE NO. 7 REGARDING PLAINTIFFS' INQUIRY ABOUT JURY'S OPINION ON ABORTION DURING VOIR DIRE

PROOF OF SERVICE

8/24/2018: PROOF OF SERVICE

DEFENDANTS', WESTCHESTER ADVANCED IMAGING MEDICAL GROUP, INC., GLENN P. WEDEEN, M.D., BEVERLY RADIOLOGY MEDICAL GROUP AND RADNET MANAGEMENT, INC., MOTION IN LIMINE NO. 11 TO PRECLUDE PLAINTIFF'S REFER

8/28/2018: DEFENDANTS', WESTCHESTER ADVANCED IMAGING MEDICAL GROUP, INC., GLENN P. WEDEEN, M.D., BEVERLY RADIOLOGY MEDICAL GROUP AND RADNET MANAGEMENT, INC., MOTION IN LIMINE NO. 11 TO PRECLUDE PLAINTIFF'S REFER

Other -

10/29/2018: Other -

Motion in Limine

10/31/2018: Motion in Limine

Proof of Service by Mail

11/9/2018: Proof of Service by Mail

Minute Order

3/1/2019: Minute Order

NOTICE OF LODGMENT IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANTS AXMINISTER MEDICAL GROUP, INC. AND MIA J. SANDERS MADATI, M.D.

2/19/2016: NOTICE OF LODGMENT IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANTS AXMINISTER MEDICAL GROUP, INC. AND MIA J. SANDERS MADATI, M.D.

NOTICE OF CASE MANAGEMENT CONFERENCE

7/11/2016: NOTICE OF CASE MANAGEMENT CONFERENCE

NOTICE RE: CONTINUANCE OF HEARING

7/11/2016: NOTICE RE: CONTINUANCE OF HEARING

Proof of Service

8/24/2016: Proof of Service

PROOF OF SERVICE

8/26/2016: PROOF OF SERVICE

PLAINTIFFS KEVIN, VANESSA, AND BABY GIRL (ALINA) MAY'S OPPOSITION TO DEFENDANTS WESTCHESTER ADVANCED IMAGING MEDICAL GROUP, INC. AND GLEEN P. WEDEEN, M.D.'S MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION

11/21/2016: PLAINTIFFS KEVIN, VANESSA, AND BABY GIRL (ALINA) MAY'S OPPOSITION TO DEFENDANTS WESTCHESTER ADVANCED IMAGING MEDICAL GROUP, INC. AND GLEEN P. WEDEEN, M.D.'S MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION

311 More Documents Available

 

Docket Entries

  • 05/10/2019
  • at 08:30 AM in Department 51, Dennis J. Landin, Presiding; Status Conference (Re Long Cause Trial) - Not Held - Vacated by Court

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  • 05/07/2019
  • at 10:30 AM in Department 8, Victor E. Chvez, Presiding; Trial Setting Conference

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  • 05/06/2019
  • at 10:30 AM in Department 8, Victor E. Chvez, Presiding; Trial Setting Conference - Held

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  • 05/06/2019
  • Minute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 05/06/2019
  • Order (to Conduct Juror Hardship Screening)

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  • 05/01/2019
  • Notice of Ruling; Filed by Kevin May (Plaintiff); Vanessa May (Plaintiff); Baby Girl May (Plaintiff)

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  • 04/30/2019
  • at 3:30 PM in Department 51, Dennis J. Landin, Presiding; Court Order

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  • 04/30/2019
  • Minute Order ( (Court Order re Long Cause)); Filed by Clerk

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  • 04/30/2019
  • Certificate of Mailing for (Minute Order (Court Order re Long Cause) of 04/30/2019); Filed by Clerk

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  • 04/22/2019
  • at 08:30 AM in Department 51, Dennis J. Landin, Presiding; Status Conference (Re Long Cause Trial) - Held - Continued

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624 More Docket Entries
  • 08/14/2015
  • Proof-Service/Summons

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  • 08/14/2015
  • PROOF OF SERVICE SUMMONS

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  • 07/30/2015
  • SUMMONS

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  • 07/30/2015
  • Summons; Filed by Kevin May (Plaintiff); Vanessa May (Plaintiff); Baby Girl May (Plaintiff)

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  • 07/21/2015
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 07/16/2015
  • Application ; Filed by Plaintiff/Petitioner

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  • 07/16/2015
  • Complaint; Filed by Kevin May (Plaintiff); Vanessa May (Plaintiff)

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  • 07/16/2015
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 07/16/2015
  • COMPLAINT FOR DAMAGES 1. MEDICAL NEGLIEGENCE; ETC

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  • 07/06/2015
  • Order; Filed by Court

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Tentative Rulings

Case Number: BC588473    Hearing Date: July 10, 2020    Dept: 51

The hearing on the petition to confirm minor’s compromise with special needs trust is continued to August 12, 2020, at 10:30 a.m. to allow petitioner to cure the following defects:

Petitioner has not yet been appointed as Guardian ad litem for Baby May and has no standing to proceed. The Court must rule on the Guardian ad litem application before the Petitioner can proceed.

In addition to giving notice to the Defendants, Petitioner is required pursuant to Probate Code 3602(f) to give notice “pursuant to Section 1215 to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing.”

The proposed order must meet the following requirements:

The order must specify that the petition has been granted and the Court authorizes the creation of the Trust. 

The order must expressly make the filings required by Probate Code 3604(b): 

(1) That the minor or person with a disability has a disability that substantially impairs the individual’s ability to provide for the individual’s own care or custody and constitutes a substantial handicap. 

(2) That the minor or person with a disability is likely to have special needs that will not be met without the trust. 

(3) That money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the special needs of the minor or person with a disability. 

The order must direct the trustee to obtain and file a bond in the amount required by Probate Code 2620. 

The order must direct the trustee to file within 30 days LASC Form PRO-044 (Notice of Commencement of Proceedings for a Court Supervised Trust) in the probate division to obtain a probate case number for the trust.  A copy of the order establishing the trust and a copy of the trustee's bond must be attached to the PRO-044.   

The order should include language requiring the 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 4.115(e)(1).

The order should also set a proposed date for the 1st account to be filed in the trust proceeding, approximately 14 months after the date the trust is approved. In addition, a proposed OSC date re: same should be set approximately 4 weeks later. (If proof of filing of the account in the probate proceeding is filed by the OSC date, the matter will go off calendar without an appearance.)

The order must contain 100% of the text of the Special Needs Trust. The Trust submitted must meet the requirements of 42 U.S.C. 1396 (d)(4)(A) as well as the applicable provisions of California Rule of Court 7.903 and Los Angeles County Local Rules 4.116 and 4.117.

The proposed order should be submitted to the Court no later than July 31, 2020.

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