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This case was last updated from Los Angeles County Superior Courts on 05/30/2019 at 00:53:58 (UTC).

NOE ABARCA VS CALIFORNIA HOSPITAL MEDICAL CENTER INC ET AL

Case Summary

On 02/17/2016 NOE ABARCA filed a Personal Injury - Medical Malpractice lawsuit against CALIFORNIA HOSPITAL MEDICAL CENTER INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is MALCOLM MACKEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9749

  • Filing Date:

    02/17/2016

  • 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

MALCOLM MACKEY

 

Party Details

Plaintiff and Petitioner

ABARCA NOE

Defendants and Respondents

CALIFORNIA HOSPITAL MEDICAL CENTER INC.

PARK JAY M.D.

FARHADIAN ELAHEH M.D.

DOES 1 THROUGH 100

LIU ANTONIO K. M.D.

WHITE MEMORIAL MEDICAL GROUP INC.

SURI NIPUN M.D.

BAKERSIFIELD FAMILY MEDICAL CENTER INC.

LIU ANTONIO K. M.D.JUDGMENT CCP437C

WHITE MEMORIAL MEDICAL GROUP INC.CCP437

BAKERSFIELD FAMILY MEDICAL CENTER INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

TURCHINLAW

Defendant Attorneys

PEREZ ALLEGRA C.

PATTERSON RITNER LOCKWOOD & JURICH

HASKINS ANGELA S.

PEABODY THOMAS M. ESQ.

 

Court Documents

RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

5/14/2018: RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

COMPLAINT FOR DAMAGES 1. MEDICAL NEGLIGENCE

2/17/2016: COMPLAINT FOR DAMAGES 1. MEDICAL NEGLIGENCE

PROOF OF SERVICE SUMMONS AND COMPLAIN

6/2/2016: PROOF OF SERVICE SUMMONS AND COMPLAIN

DEFENDANT ANTONIO K. LIU, M.D. AND WHITE MEMORIAL MEDICAL GROUP, INC.'S ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL

6/27/2016: DEFENDANT ANTONIO K. LIU, M.D. AND WHITE MEMORIAL MEDICAL GROUP, INC.'S ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL

FIRST AMENDED COMPLAINT FOR DAMAGES 1. MEDICAL NEGLIGENCE

7/6/2016: FIRST AMENDED COMPLAINT FOR DAMAGES 1. MEDICAL NEGLIGENCE

DEFENDANT ELAHEH FARHADIAN, M.D.'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

7/29/2016: DEFENDANT ELAHEH FARHADIAN, M.D.'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

Unknown

9/7/2016: Unknown

ORDER SUSTAINING DEMURRER WITH LEAVE TO AMEND

9/13/2016: ORDER SUSTAINING DEMURRER WITH LEAVE TO AMEND

DEFENDANTS ANTONIO K. LIU, M.D. AND WHITE MEMORIAL MEDICAL GROUP, INC.'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT

10/20/2016: DEFENDANTS ANTONIO K. LIU, M.D. AND WHITE MEMORIAL MEDICAL GROUP, INC.'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT

PLAINTIFFS RESPONSE TO DEMURRER OF DEFENDANT, NIPUN SURI, M.D. TO PLAINTIFF'S SECOND AMENDED COMPLAINT

12/2/2016: PLAINTIFFS RESPONSE TO DEMURRER OF DEFENDANT, NIPUN SURI, M.D. TO PLAINTIFF'S SECOND AMENDED COMPLAINT

Minute Order

1/10/2017: Minute Order

Unknown

1/25/2017: Unknown

NOTICE OF POSTING JURY FEES

2/14/2017: NOTICE OF POSTING JURY FEES

Unknown

2/14/2017: Unknown

Minute Order

6/29/2017: Minute Order

DECLARATION OF MICHAEL DOGALI, M.D. RE PLAINTIFF'S OPPOSITION TO DEFENDANT ANTONIO K. LIU, M.D. AND WHITE MEMORIAL MEDICAL GROUP, INC. MOTION FOR SUMMARY JUDGMENT

6/30/2017: DECLARATION OF MICHAEL DOGALI, M.D. RE PLAINTIFF'S OPPOSITION TO DEFENDANT ANTONIO K. LIU, M.D. AND WHITE MEMORIAL MEDICAL GROUP, INC. MOTION FOR SUMMARY JUDGMENT

PLAINTIFFS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

6/30/2017: PLAINTIFFS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

NOTICE OF ENTRY OF JUDGMENT

7/20/2017: NOTICE OF ENTRY OF JUDGMENT

117 More Documents Available

 

Docket Entries

  • 05/16/2019
  • at 2:05 PM in Department 55, Malcolm Mackey, Presiding; Court Order

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  • 05/16/2019
  • Certificate of Mailing for (Minute Order (Court Order) of 05/16/2019); Filed by Clerk

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  • 05/16/2019
  • Minute Order ( (Court Order)); Filed by Clerk

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  • 05/02/2019
  • Appeal - Remittitur - Reversed (B285197); Filed by Clerk

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  • 05/14/2018
  • RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

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  • 05/14/2018
  • Designation of Record on Appeal; Filed by Nipun, M.D. Suri (Defendant)

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  • 05/03/2018
  • Designation of Record on Appeal; Filed by Noe Abarca (Plaintiff)

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  • 05/03/2018
  • APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

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  • 04/20/2018
  • NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

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  • 04/20/2018
  • Notice; Filed by Clerk

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247 More Docket Entries
  • 06/02/2016
  • PROOF OF SERVICE SUMMONS AND COMPLAIN

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  • 06/02/2016
  • Proof of Service (not Summons and Complaint); Filed by Noe Abarca (Plaintiff)

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  • 06/02/2016
  • Miscellaneous-Other; Filed by Noe Abarca (Plaintiff)

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  • 06/02/2016
  • PROOF OF SERVICE SUMMONS AND COMPLAIN

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  • 06/02/2016
  • AFFIDAVIT OF REASONABLE DILIGENCE

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  • 05/12/2016
  • Summons Issued; Filed by Noe Abarca (Plaintiff)

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  • 05/12/2016
  • SUMMONS

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  • 02/17/2016
  • Complaint; Filed by Noe Abarca (Plaintiff)

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  • 02/17/2016
  • COMPLAINT FOR DAMAGES 1. MEDICAL NEGLIGENCE

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  • 10/13/2006
  • Second Amended Complaint; Filed by Noe Abarca (Plaintiff)

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Tentative Rulings

Case Number: BC609749    Hearing Date: May 18, 2021    Dept: 55

ABARCA v. CAL. BC609749

Hearing Date: 5/18/21, Dept. 55

#11: MOTION FOR ISSUE SANCTIONS AND EVIDENCE SANCTIONS; REQUEST FOR MONETARY SANCTIONS OF $1,185.00.

Notice: Okay

No Opposition

MP: Defendant DIGNITY HEALTH dba CALIFORNIA HOSPITAL MEDICAL CENTER

RP:

Summary

On 2/17/16, Plaintiff NOE ABARCA filed a Complaint alleging is a medical negligence action, and hemiparesis, as the result of negligent treatment by defendants on or about 6/22/14 and after.

On 5/2/19, a remitter from the Court of Appeal was filed, as to an unpublished opinion, filed 2/28/19, remanding for an initial ruling on the unaddressed, alternative ground of standard of care, as to Defendant’s summary judgment motion also raising the issue of the Statute of Limitations.

MP Positions

Moving party requests the Court to grant issue, evidence and monetary sanctions, on grounds including the following:

· Plaintiff refused to comply with the November 25, 2020 Order to respond to defendant’s Interrogatories, Request for Production of Documents, and to pay sanctions in the amount of $1,000.

Tentative Ruling

The unopposed motion is granted, as prayed.

To avoid sanctions, the burden of proving that a discovery violation was not willful is on the party on whom the discovery was served. Cornwall v. Santa Monica Dairy Co . (1977) 66 Cal.App.3d 250, 252- 253.

Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. E.g., CCP §§2023.010(g), 2030.290(c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.

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