This case was last updated from Los Angeles County Superior Courts on 06/08/2019 at 02:30:14 (UTC).

MELANIE SALINAS VS DR WILLIAM CATON III

Case Summary

On 10/11/2016 MELANIE SALINAS filed a Personal Injury - Medical Malpractice lawsuit against DR WILLIAM CATON III. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6155

  • Filing Date:

    10/11/2016

  • 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 Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

SALINAS MELANIE

Defendants and Respondents

CATON WILLIAM III DR.

DOES 1 TO 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

LAW OFFICES OFFICES OF ANDREW RITHOLZ

Defendant and Respondent Attorney

BLESSEY RAYMOND L. ESQ

 

Court Documents

Minute Order

3/2/2018: Minute Order

DEFENDANT WILLIAM L. CATON, III, M.D.'S EX PARTE APPLICATION TO CONTINUE TRIAL; ETC

3/2/2018: DEFENDANT WILLIAM L. CATON, III, M.D.'S EX PARTE APPLICATION TO CONTINUE TRIAL; ETC

NOTICE OF RULING

3/6/2018: NOTICE OF RULING

NOTICE OF CHANGE OF NAME OF LAW FIRM

4/5/2018: NOTICE OF CHANGE OF NAME OF LAW FIRM

Motion to Compel

8/21/2018: Motion to Compel

Other -

8/23/2018: Other -

INFORMAL DISCOVERY CONFERENCE FORM FOR PESONAL INJURY COURTS

9/19/2018: INFORMAL DISCOVERY CONFERENCE FORM FOR PESONAL INJURY COURTS

Minute Order

9/20/2018: Minute Order

Unknown

9/20/2018: Unknown

Unknown

9/20/2018: Unknown

Unknown

9/26/2018: Unknown

Notice

1/18/2019: Notice

Minute Order

1/22/2019: Minute Order

Ex Parte Application

2/20/2019: Ex Parte Application

SUMMONS

10/11/2016: SUMMONS

COMPLAINT FOR DAMAGES 1. MEDICAL MALPRACTICE

10/11/2016: COMPLAINT FOR DAMAGES 1. MEDICAL MALPRACTICE

ANSWER TO COMPLAINT

1/25/2017: ANSWER TO COMPLAINT

DEMAND FOR JURY TRIAL

1/25/2017: DEMAND FOR JURY TRIAL

12 More Documents Available

 

Docket Entries

  • 03/22/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 03/15/2019
  • at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion for Summary Judgment - Not Held - Taken Off Calendar by Party

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  • 03/08/2019
  • at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 02/21/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Ex Parte Application (to continue trial and all related dates) - Held - Motion Granted

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  • 02/21/2019
  • Minute Order ( (Hearing on Ex Parte Application to continue trial and all rel...)); Filed by Clerk

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  • 02/20/2019
  • Ex Parte Application (Ex Parte Application to Continue Trial); Filed by Melanie Salinas (Plaintiff)

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  • 01/22/2019
  • at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel ((Motion to Compel)) - Not Held - Taken Off Calendar by Party

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  • 01/22/2019
  • Minute Order ( (Hearing on Motion to Compel (Motion to Compel))); Filed by Clerk

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  • 01/18/2019
  • Notice (Notice of Withdrawal and Taking off Calendar Motion); Filed by Melanie Salinas (Plaintiff)

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  • 10/25/2018
  • at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel ((Motion to Compel)) - Not Held - Rescheduled by Party

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34 More Docket Entries
  • 03/02/2018
  • Minute order entered: 2018-03-02 00:00:00; Filed by Clerk

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  • 01/25/2017
  • Demand for Jury Trial; Filed by William, III Dr. Caton (Defendant)

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  • 01/25/2017
  • Answer; Filed by William, III Dr. Caton (Defendant)

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  • 01/25/2017
  • DEMAND FOR JURY TRIAL

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  • 01/25/2017
  • ANSWER TO COMPLAINT

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  • 12/19/2016
  • Proof of Service of Summons and Complaint

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  • 12/19/2016
  • Proof-Service/Summons; Filed by Melanie Salinas (Plaintiff)

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  • 10/11/2016
  • SUMMONS

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  • 10/11/2016
  • COMPLAINT FOR DAMAGES 1. MEDICAL MALPRACTICE

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  • 10/11/2016
  • Complaint; Filed by Melanie Salinas (Plaintiff)

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Tentative Rulings

Case Number: BC636155    Hearing Date: January 10, 2020    Dept: 5

 

Superior Court of California

County of Los Angeles

Department 5

MELANIE SALINAS,

Plaintiff,

v.

WILLIAM CATON, M.D.,

Defendant.

Case No.: BC636155

Hearing Date: January 10, 2020

[TENTATIVE] order RE:

defendant’s motion to COMPEL Depositions OR, IN THE ALTERNATIVE, EXCLUDE Witnesses from testifying at trial

NOTICE

The Court posts this tentative order on January 7, 2020. Any party who does not appear at the hearing on January 10, 2020, shall waive their right to be heard and shall submit to this order.

TENTATIVE ORDER

Plaintiff Melanie Salinas (“Plaintiff”) filed this medical malpractice action against Dr. William Caton, M.D. (“Defendant”) on October 11, 2016. The parties exchanged expert witness information over one year ago, on or about September 21, 2018. Plaintiff designated Michael Dogali, M.D., Fred Kyt, M.D., and Karen Luckett to testify. Defendant originally noticed the depositions on these witnesses for October 29 to 31, 2018. The depositions did not occur, and Defendant repeatedly re-noticed the depositions, to no avail. Finally, on November 22, 2019, Defendant filed an ex parte application to compel the depositions or, in the alternative, exclude the witnesses from testifying at trial. Plaintiff did not appear at the hearing. The Court treated the ex parte application as a noticed motion, set the hearing for January 10, 2020, and granted Plaintiff leave to file an opposition within the statutory time period.

The Court grants Defendant’s motion excluding Michael Dogali, M.D., Fred Kyt, M.D., and Karen Luckett as witnesses at trial. The Court believes it would be futile to order the depositions at this point, because the record reflects that Defendant has made diligent efforts to take these depositions, and Plaintiff has not made the witnesses available. Moreover, the current trial date of January 24, 2020 does not permit sufficient time to take these depositions. Finally, Plaintiff has not opposed the motion. It appears to the Court that Plaintiff has abandoned her case. Therefore, the Court grants Defendant’s motion.

CONCLUSION AND ORDER

The Court grants Defendants’ motion to exclude Michael Dogali, M.D., Fred Kyt, M.D., and Karen Luckett from testifying at trial. Defendants shall provide notice and file proof of such with the Court.

DATED: January 10, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court