This case was last updated from Los Angeles County Superior Courts on 06/26/2019 at 15:05:17 (UTC).

PATRICIA MELTON VS CHA HEALTH SYSTEMS INC ET AL

Case Summary

On 11/20/2015 PATRICIA MELTON filed a Personal Injury - Other Personal Injury lawsuit against CHA HEALTH SYSTEMS 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 RANDOLPH M. HAMMOCK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1979

  • Filing Date:

    11/20/2015

  • 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 Judge

RANDOLPH M. HAMMOCK

 

Party Details

Plaintiff and Petitioner

MELTON PATRICIA

Defendants and Respondents

CHA HEALTH SYSTEMS INC.

DOES 1-10

HOLLYWOOD PRESBYTERIAN MEDICAL CENTER

KERENDI FAROUGH M.D.

CHA HOLLYWOOD MEDICAL CENTER L.P.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

WILHEIM & WILHEIM PC

BALISOK & ASSOCIATES

WILHEIN STEVEN C.

BALISOK RUSSELL STEVEN ESQ.

Defendant and Respondent Attorneys

PEDROZA KENNETH R.

DUMMIT BUCHHOLZ & TRAPP

NOWOTNY GEORGE EDWARD III

WELGAN ASHLEY JEAN ESQ.

CANTO II JAMES LOUIS ESQ.

 

Court Documents

DECLARATION OF SERVICE

4/3/2018: DECLARATION OF SERVICE

DECLARATION OF CUSTODIAN OF RECORDS FOR HOLLYWOOD PRESBYTERIAN MEDICAL CENTER IN SUPPORT OF DEFENDANTS CHA HOLLYWOOD PRESBYTHRIAN MEDICAL CENTER, L.P. AND CHA HEALTH SYSTEMS, INC.'S MOTIONS FOR SUMMAR

4/3/2018: DECLARATION OF CUSTODIAN OF RECORDS FOR HOLLYWOOD PRESBYTERIAN MEDICAL CENTER IN SUPPORT OF DEFENDANTS CHA HOLLYWOOD PRESBYTHRIAN MEDICAL CENTER, L.P. AND CHA HEALTH SYSTEMS, INC.'S MOTIONS FOR SUMMAR

Minute Order

5/25/2018: Minute Order

DEFENDANT CHA HEALTH SYSTEMS, INC.'S REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION

6/14/2018: DEFENDANT CHA HEALTH SYSTEMS, INC.'S REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION

Minute Order

12/12/2018: Minute Order

Proof of Service (not Summons and Complaint)

6/18/2019: Proof of Service (not Summons and Complaint)

REQUEST FOR JURY TRIAL

4/18/2016: REQUEST FOR JURY TRIAL

PLAINTIFF'S EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MOTION FOR SUMMARY JUDGMENT, ETC.; DECLARATION OF RUSSELL BALISOK IN SUPPORT

4/12/2017: PLAINTIFF'S EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MOTION FOR SUMMARY JUDGMENT, ETC.; DECLARATION OF RUSSELL BALISOK IN SUPPORT

EX PARTE APPLICATION FOR ORDER RECONSIDERING OR CORRECTING THE COURT'S MINUTE ORDER OF APRIL 25, 2017 SUSTAINING DEMURRER BY CHA DEFENDANTS TO SEVENTH CAUSE OF ACTION FOR ELDER ABUSE (WELFARE & [NSTIT

5/4/2017: EX PARTE APPLICATION FOR ORDER RECONSIDERING OR CORRECTING THE COURT'S MINUTE ORDER OF APRIL 25, 2017 SUSTAINING DEMURRER BY CHA DEFENDANTS TO SEVENTH CAUSE OF ACTION FOR ELDER ABUSE (WELFARE & [NSTIT

DECLARATION OF SERVICE

5/23/2017: DECLARATION OF SERVICE

ORDER APPOINTING COURT APPROVEL REPORTER AS OFFICIAL REPORTER PRO TEMPORE

6/16/2017: ORDER APPOINTING COURT APPROVEL REPORTER AS OFFICIAL REPORTER PRO TEMPORE

DEFENDANT HOLLYWOOD PRESBYTERIAN MEDICAL CENTER'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONES TO SPECIAL INTERROGATORIES, SET ONE, ETC

6/30/2017: DEFENDANT HOLLYWOOD PRESBYTERIAN MEDICAL CENTER'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONES TO SPECIAL INTERROGATORIES, SET ONE, ETC

DECLARATION OF SERVICE

6/30/2017: DECLARATION OF SERVICE

DEFENDANT HOLLYWOOD PRESBYTERIAN MEDICAL CENTER MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONES TO SPECIAL INTERROGATORIES, SET ONE, ETC

6/30/2017: DEFENDANT HOLLYWOOD PRESBYTERIAN MEDICAL CENTER MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONES TO SPECIAL INTERROGATORIES, SET ONE, ETC

DECLARATIONS AND EXHIBITS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO THE MOTION BY DR. KERENDI FOR SUMMARY JUDGEMENT VOLUME 5

7/18/2017: DECLARATIONS AND EXHIBITS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO THE MOTION BY DR. KERENDI FOR SUMMARY JUDGEMENT VOLUME 5

PROOF OF SERVICE BY MAIL

10/11/2017: PROOF OF SERVICE BY MAIL

ORDER ON DEFENDANTS CHA HEALTH SYSTEMS, INC. AND CHA HOLLYWOOD MEDICAL CENTER, L.P.'S DEMURRERS TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND SECOND AMENDED COMPLAINT AFTER WRIT OF MANDATE

10/12/2017: ORDER ON DEFENDANTS CHA HEALTH SYSTEMS, INC. AND CHA HOLLYWOOD MEDICAL CENTER, L.P.'S DEMURRERS TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND SECOND AMENDED COMPLAINT AFTER WRIT OF MANDATE

DECLARATION OF SERVICE

10/26/2017: DECLARATION OF SERVICE

369 More Documents Available

 

Docket Entries

  • 06/18/2019
  • Declaration (of Russell Balisok); Filed by Patricia Melton (Plaintiff)

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  • 06/18/2019
  • Proof of Service (not Summons and Complaint); Filed by Patricia Melton (Plaintiff)

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  • 06/18/2019
  • Request for Judicial Notice; Filed by Patricia Melton (Plaintiff)

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  • 06/18/2019
  • Memorandum of Points & Authorities; Filed by Patricia Melton (Plaintiff)

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  • 06/18/2019
  • Separate Statement; Filed by Patricia Melton (Plaintiff)

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  • 04/18/2019
  • Declaration (Compendium of Declarations and Exhibits ISO MSJ); Filed by Farough, M.D. Kerendi (Defendant)

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  • 04/18/2019
  • Motion for Summary Judgment; Filed by Farough, M.D. Kerendi (Defendant)

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  • 04/18/2019
  • Separate Statement; Filed by Farough, M.D. Kerendi (Defendant)

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  • 01/30/2019
  • at 09:30 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Motion to Compel Further Discovery Responses ((Only ruling on Plaintiff's separate statement filed March 9, 2018)) - Held

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  • 01/30/2019
  • Minute Order ( (Hearing on Motion to Compel Further Discovery Responses (Only...)); Filed by Clerk

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789 More Docket Entries
  • 02/17/2016
  • DEFENDANT FAROUGH KERENDI, M.D.'S ANSWER TO PLAINTIFF'S COMPLAINT

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  • 02/08/2016
  • CIVIL DEPOSIT

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  • 02/08/2016
  • Receipt; Filed by Farough, M.D. Kerendi (Defendant)

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  • 01/26/2016
  • PROOF OF SERVICE OF SUMMONS UPON DEFENDANT CHA HEALTH SYSTEMS, INC., DBA HOLLYWOOD PRESBYTERIAN MEDICAL CENTER

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  • 01/26/2016
  • Proof-Service/Summons; Filed by Patricia Melton (Plaintiff)

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  • 01/14/2016
  • Proof-Service/Summons; Filed by Patricia Melton (Plaintiff)

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  • 01/14/2016
  • PROOF OF SERVICE OF SUMMONS UPON DEFENDANT FAROUGH KERENDI, M.D.

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  • 11/20/2015
  • COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF: 1. RECKLESS; ETC

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  • 11/20/2015
  • Complaint; Filed by Patricia Melton (Plaintiff)

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  • 11/20/2015
  • SUMMONS

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Tentative Rulings

Case Number: BC601979    Hearing Date: January 14, 2020    Dept: 47

Tentative Ruling

Judge Randolph M. Hammock, Department 47

HEARING DATE: January 14, 2020 JUDGMENT: October 3, 2019

CASE: Patricia Melton v. CHA Health Systems, Inc. dba Hollywood Presbyterian Medical Center, et al.

 

CASE NO.: BC601979

MOTION TO TAX COSTS FROM COST BILL SUBMITTED BY DEFENDANTS CHA HEALTH SYSTEMS, INC. AND CHA HOLLYWOOD MEDICAL CENTER, LP

MOVING PARTY: Plaintiff Patricia Melton

RESPONDING PARTY(S): Defendants CHA Health Systems, Inc. and CHA Hollywood Medical Center, L.P.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff alleged that Defendants refused to end life support for her husband based on her instructions pursuant to her durable power of attorney because Defendants wanted to prolong decedent’s life support to continue to receive Medicare payments until such payments were exhausted.

Plaintiff moves to tax costs from the cost bill submitted by the CHA Defendants.

TENTATIVE RULING:

Plaintiff Patricia Melton’s motion to tax costs from cost bill submitted by Defendants CHA Health Systems, Inc. and CHA Hollywood Medical Center, LP is DENIED.

DISCUSSION:

Motion To Tax Costs

Untimely Opposition (and Motion)

Plaintiff is correct that Defendant’s opposition is untimely, having been served and filed only 8 days before the hearing. (CCP § 1005(b).) The Declaration of Attorney Evan Kalooky also refers to “attached documents” that are not attached, and no separate “Notice of Lodgment” appears in the Court’s file on eCourt as of January 10, 2020. However, the Court will exercise its discretion to consider the late-filed opposition.

Analysis

Item No. 1 (Filing and Motion Fees).

Plaintiff moves to tax these costs in the amount of $3,400, on the ground that she has asked for supporting documentation and it has not been provided.

On a motion to tax costs, “the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary.” (Ibid.) Plaintiff has failed to meet that burden.

Defendants have listed the documents filed and their individual filing fees in their Memorandum of Costs. (Declaration of Russell Balisok, Exh. 9.) Given that these fees appear proper on their face, the burden is on Plaintiff to show that they were unreasonable or unnecessary. (Ladas v. California State Auto Ass’n (1993) 19 Cal.4th 761, 774-776.) Plaintiff has not done so.

Accordingly, the motion is DENIED as to Item No. 1.

Item No. 2 (Jury Fees).

Plaintiff moves to tax these costs in the amount of $150, on the ground that she has requested documentation of a request for refund of jury fees and has not received it.

Jury fees are recoverable as of right pursuant to CCP § 1033.5(a)(1). Jury fees are refundable under certain circumstances under CCP § 631.3, but Plaintiff has not presented any evidence to suggest that they were refunded in this case, and Defendant has presented evidence that the jury fees were never refunded. (Kalooky Decl. ¶ 7.)

Accordingly, the motion is DENIED as to Item No. 2.

Item No. 4 (Deposition Costs).

Plaintiff moves to tax these costs in the amount of $9,052.36, on the ground that she has requested supporting documentation and has not received it.

The prevailing party is entitled to recover the costs of taking, video recording, and transcribing “necessary” depositions. (CCP § 1033.5(a)(3).) Plaintiff has not shown that these costs were not “reasonably necessary to the conduct of the litigation.” (CCP § 1033.5(c)(2).)

Accordingly, the motion is DENIED as to Item No. 4.

Item No. 8b (Expert Witness Fees).

Plaintiff seeks to tax these costs on the ground that Defendant’s § 998 offer cannot support a claim for these fees.

CCP § 998 provides:

If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff . . . shall pay the defendant’s costs from the time of the offer. In addition, . . . the court or arbitrator, in its discretion, may require the plaintiff to pay a reasonable sum to cover postoffer costs of the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary in either, or both, preparation for trial or arbitration, or during trial or arbitration, of the case by the defendant.

(CCP § 998(c)(1) (bold emphasis and underlining added).)

Defendant has shown that it made a formal offer to compromise on August 17, 2018 – nearly one year before the first claimed cost for its expert. (Kalooky Decl. ¶ 6.) The Court does not find Plaintiff’s arguments that this was not a valid § 998 offer persuasive. The Court, in its discretion, will award these costs.

Accordingly, the motion is DENIED as to Item No. 8.

Item No. 11 (Court Reporter Fees) or

Item No. 12 (Models, Enlargements, and Photocopies of Exhibits)

Plaintiff purports appears to seek to tax Item No. 11 in the amount of $1,534.52, but Defendant claims costs of only $235.01 in Item No. 11. Costs of $1,534.52 are claimed in Item No. 12.

As with Items 1, 2, and 4, Plaintiff argues that this entire amount is taxable because she requested documentation of them and the documentation was not provided. As with those Items, Plaintiff has not met her burden to those that these costs were unreasonable or unnecessary.

Accordingly, the motion is DENIED as to Item No. 11 (or 12).

Conclusion

Plaintiff’s motion to tax costs is DENIED in its entirety.

Moving party to give notice, unless waived.

IT IS SO ORDERED.

Dated: January 14, 2020 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org