This case was last updated from Los Angeles County Superior Courts on 08/23/2019 at 21:23:43 (UTC).

MAHA MOHAMED VS MOUNIR A SOLIMAN M D ET AL

Case Summary

On 02/24/2012 MAHA MOHAMED filed a Personal Injury - Other Personal Injury lawsuit against MOUNIR A SOLIMAN M D. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GREGORY KEOSIAN, TERESA SANCHEZ-GORDON, YVETTE M. PALAZUELOS, ALAN S. ROSENFIELD and SAMANTHA P. JESSNER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9575

  • Filing Date:

    02/24/2012

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GREGORY KEOSIAN

TERESA SANCHEZ-GORDON

YVETTE M. PALAZUELOS

ALAN S. ROSENFIELD

SAMANTHA P. JESSNER

 

Party Details

Plaintiff and Petitioner

MOHAMED MAHA

Defendants and Respondents

REGENTS OF THE UNIVERSITY OF CALIFORNIA

SOLIMAN MOUNIR A. M.D.

DOES 1 TO 25

THE REGENTS OF THE UNIV. OF CALIFORNIA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

VAKILI SA'ID ESQ.

ASTOURIAN PARO ESQ.

VAKILI & LEUS LLP

ASTOURIAN & ASSOCIATES APLC

Defendant and Respondent Attorneys

BONNE BRIDGES MUELLER O'KEEFE &

DICARO COPPO & POPCKE

NOSSAMAN LLP

LOTZ DOGGETT & RAWERS LLP

 

Court Documents

NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE

1/31/2018: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE

Notice

7/18/2019: Notice

PROOF OF SERVICE OF SUMMONS

6/20/2012: PROOF OF SERVICE OF SUMMONS

CASE MANAGEMENT STATEMENT

6/27/2012: CASE MANAGEMENT STATEMENT

ORDER TRANSFERRING CASE TO INDEPENDENT CALENDAR COURT AND VACATING ALL FUTURE DATES CALENDARED IN PERSONAL INJURY HUB COURT

8/19/2013: ORDER TRANSFERRING CASE TO INDEPENDENT CALENDAR COURT AND VACATING ALL FUTURE DATES CALENDARED IN PERSONAL INJURY HUB COURT

Minute Order

9/30/2013: Minute Order

NOTICE OF CASE MANAGEMENT CONFERENCE

10/21/2013: NOTICE OF CASE MANAGEMENT CONFERENCE

PLAINTIFF?S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HER MOTION? FOR SANCTIONS UNDER C.C.P. ? 128.7

10/31/2013: PLAINTIFF?S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HER MOTION? FOR SANCTIONS UNDER C.C.P. ? 128.7

Minute Order

1/13/2014: Minute Order

ORDER ON DEFENDANT MOUNIR A. SOLIMAN, M.D.'EX PARTE APPLICATION ETC

1/15/2014: ORDER ON DEFENDANT MOUNIR A. SOLIMAN, M.D.'EX PARTE APPLICATION ETC

ANSWER TO SECOND AMENDED COMPLAINT

5/6/2016: ANSWER TO SECOND AMENDED COMPLAINT

CASE MANAGEMENT STATEMENT

5/18/2016: CASE MANAGEMENT STATEMENT

SUBSTITUTION OF ATTORNEY

5/31/2016: SUBSTITUTION OF ATTORNEY

Minute Order

11/3/2016: Minute Order

NOTICE OF CONTINUANCE OF HEARING ON DEFENDANT MOUNIR A. SOLIMAN, MD'S MOTION FOR SUMMARY ADJUDICATION OF ISSUES

11/14/2016: NOTICE OF CONTINUANCE OF HEARING ON DEFENDANT MOUNIR A. SOLIMAN, MD'S MOTION FOR SUMMARY ADJUDICATION OF ISSUES

OPPOSITION TO DEFENDANT, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S MEMORANDUM OF POINTS AND ETC

6/2/2017: OPPOSITION TO DEFENDANT, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S MEMORANDUM OF POINTS AND ETC

Minute Order

9/19/2017: Minute Order

PLAINTIFF'S NOTICE OF INTENT TO MOVE FOR A NEW TRIAL

10/31/2017: PLAINTIFF'S NOTICE OF INTENT TO MOVE FOR A NEW TRIAL

236 More Documents Available

 

Docket Entries

  • 11/05/2019
  • Hearingat 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 10/28/2019
  • Hearingat 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 08/28/2019
  • Hearingat 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Post-Mediation Status Conference

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  • 07/18/2019
  • DocketNotice (of Association of Counsel); Filed by Maha Mohamed (Plaintiff)

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  • 04/29/2019
  • Docketat 09:00 AM in Department 61; Status Conference (Re Appeal) - Held

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  • 04/29/2019
  • DocketMinute Order ( (Status Conference Re Appeal)); Filed by Clerk

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  • 04/22/2019
  • DocketAppeal - Remittitur - Other (Reversed with directions B286942 "U"); Filed by Clerk

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  • 03/28/2019
  • Docketat 09:00 AM in Department 61; Status Conference

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  • 09/28/2018
  • Docketat 09:00 AM in Department 61; Status Conference - Held - Continued

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  • 09/28/2018
  • DocketMinute Order

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530 More Docket Entries
  • 06/20/2012
  • DocketProof of Service (not Summons and Complaint); Filed by Maha Mohamed (Plaintiff)

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  • 06/20/2012
  • DocketProof of Service (not Summons and Complaint); Filed by Maha Mohamed (Plaintiff)

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  • 06/20/2012
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 06/20/2012
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 03/08/2012
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 03/08/2012
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 03/08/2012
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 02/24/2012
  • DocketSUMMONS

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  • 02/24/2012
  • DocketCOMPLAINT FOR DAMAGES: 1. BREACH OF FIDUCIARY DUTIES; ETC

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  • 02/24/2012
  • DocketComplaint; Filed by Maha Mohamed (Plaintiff)

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Tentative Rulings

Case Number: BC479575    Hearing Date: November 21, 2019    Dept: 61

Defendant Mounir A. Soliman’s Motion to Compel Plaintiff to Sign Power of Attorney is GRANTED IN PART. Plaintiff Maha Mohamed is ordered to execute a power of attorney within 30 days authorizing a representative, mutually agreeable to the parties, to obtain whatever medical records are currently within the custody of the PM Hospital in Cairo, Egypt, and to distribute those records to the parties. If the parties do not agree to a representative, Mohamed shall execute a power of attorney within the same time-frame authorizing her chosen representative to obtain whatever medical records are currently within the custody of the PM Hospital in Cairo, Egypt, and to distribute those records to the parties. Defendants shall be permitted to select a representative to travel jointly with Mohamed’s representative to Egypt and to be present when the records are presented by PM Hospital, and to coordinate with Mohamed’s representative to ensure that the documents received are distributed to all parties.

MOTION TO COMPEL

Soliman asks this court to order Mohamed to sign a power of attorney allowing a representative of Soliman’s to obtain medical records in the custody of PM Hospital in Cairo, Egypt. (Motion at p. 8.) Mohamed objects that Soliman failed to meet and confer before filing this motion and that Mohamed has attempted to formulate a stipulation that would allow both parties to obtain the records. (Opposition at pp. 2–3.)

Mohamed notes that there is no precise statutory framework allowing for the kind of discovery order that Soliman seeks. (Opposition at p. 4.) But Mohamed concedes that courts possess inherent powers to create new remedies, within reason, where no statute or case law exists on point. (Opposition at p. 4.) Nor does Mohamed argue that this court lacks the power to grant the type of relief that Soliman requests here. This is because the court possesses such power:

All courts have inherent powers which enable them to carry out their duties and ensure the orderly administration of justice. The inherent powers of courts are derived from article VI, section 1 of the California Constitution and are not dependent on statute. These powers entitle courts to ‘adopt any suitable method of practice, both in ordinary actions and special proceedings, if the procedure is not specified by statute or by rules adopted by the Judicial Council.’ Thus a trial court has the inherent authority to create a new form of procedure in a particular case, where justice demands it. The power arises from necessity where, in the absence of any previously established procedural rule, rights would be lost or the court would be unable to function.

(In re Amber S. (1993) 15 Cal.App.4th 1260, 1264, internal quotation marks and citations omitted.)

It is not disputed that the records potentially in the possession of the Egyptian hospital could be of substantial importance to this case, or that a power of attorney is necessary to obtain them. Rather, Mohamed argues that no order is necessary because she has attempted to obtain a stipulation to allow for both her and Soliman’s representatives to obtain records from the hospital. (Opposition at p. 2.) She understandably objects to Soliman’s proposed course whereby his chosen representative would deliver records to the parties, particularly as she alleges in this matter that Soliman used fabricated records to maintain her involuntary residence in the hospital at issue. (Opposition at pp. 3–4.)

While discussions regarding the gathering of the records have at times been frustrating, the court disagrees with Mohamed that Soliman’s meet-and-confer efforts have been deficient. Soliman has attempted to have Mohamed execute a power of attorney for these records since November 2016. (Salmaica Decl. Exh. B, C, E.) Mohamed now proposes a stipulation addressing Soliman’s concerns, which may or may not have been discussed prior. The stipulation itself provides no timeframe in which Mohamed is to execute the power of attorney. (Vakili Decl. Exh. 2.)

Given the necessity of the documents at issue and the late stage of this case, the court finds it appropriate to order Mohamed to execute a power of attorney authorizing the release of her medical records from PM Hospital within 30 days. Contra Soliman’s motion, the court shall not order that the person to be given this power of attorney be Ahmed Elmokadem, but shall be someone mutually agreeable to the parties. Should the parties fail to agree on the person who shall have the power of attorney, Mohamed shall nonetheless execute a power of attorney within the stated period for her chosen representative, who shall collaborate with a representative selected by Defendants in obtaining the medical records and distributing them to all parties, as outlined in Mohemed’s proposed stipulation. (Vakili Decl. Exh. 2.)

The Motion to Compel is therefore GRANTED in part, as described above.